While the IJ noted that Oxygene would possibly be detained if he was deported to Haiti, the IJ found that Oxygene failed to present evidence that “[Haitian] authorities intentionally and deliberately detained deportees in order to inflict torture.” As a result, precedent established in In re J-E-, 23 I. & N. Dec. 291 (BIA 2002) (en banc), precluded Oxygene’s argument that “Haiti’s detention policy and prison conditions necessarily constitute torture under the CAT,” and he failed to meet the “more-likely-than-not burden of proof required for relief under the CAT.” Oxygene filed two appeals that challenged the BIA’s denial of his application for CAT relief and its denial of his motion to reopen the removal proceedings.The main issue was whether In re J-E- provided the correct standard for showing intent in CAT claims.