18 USC § 2340(2) defin s “severe mental pain or suffering” as the “prolonged mental harm caused by or resulting from – (A) the intentional infliction or threatened infliction of severe physical pain or suffering; . . . [or] (D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application . . . of procedures calculated to disrupt profoundly the senses of personality.” With reference to the regulations implementing CAT, the Board of Immigration Appeals summarized a five-part test for determining whether an act rises to the level of torture in Matter of J-E-, 23 I&N Dec. 291 at 297 (BIA 2002): For an act to constitute torture it must be: (1) an act causing severe physical or mental pain or suffering; (2) intentionally inflicted; (3) for a proscribed purpose; (4) by or at the instigation of or with the consent or acquiescence of a public official who has custody or physical control of the victim; and (5) not arising from lawful sanctions. Plaintiff contends that this case meets all five criteria comprising torture.