555 U.S. 511 (2009) Cited 215 times 1 Legal Analyses
Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar
Holding that a showing of "specific intent" to cause severe pain and suffering is required to establish torture and rejecting as dicta contrary statements in Zubeda
Holding that the petitioner failed to establish a likelihood of torture where, although "a variety of evidence showed that Mexican mental patients [were] housed in terrible squalor, nothing indicate[d] that Mexican officials (or private actors to whom officials ha[d] acquiesced) created these conditions for the specific purpose of inflicting suffering upon the patients"
Holding we can reverse the BIA's findings of fact under the asylum substantial-evidence test only if "any reasonable adjudicator would be compelled to conclude to the contrary"
Holding that an IJ makes a factual prediction as to what would likely happen upon removal of the applicant, including how public officials will likely respond to the harm the petitioner fears, which is reviewed for clear error, and the BIA only determines de novo whether the IJ's predictive facts rise to the level of acquiescence defined in the regulations
Stating that for an alien to be eligible for deferral of removal under the CAT, they must "ha[ve] been found under § 1208.16(c) to be entitled to protection under the Convention Against Torture"