Tuesday, January 09, 2007

Silva-Rengifo: CAT Relief Includes Government Acquiescence Through Willful Blindness

Silva-Rengifo, Nos. 04-4302, 05-3423 (3d Cir. Jan. 9, 2007): moving past the confusing procedural background, in this case the Third Circuit joined several other circuit courts who have concluded that the BIA is wrong on one point -- relief under the Convention Against Torture is possible upon showing that the foreign government is acquiescing to the threatened torture through willful blindness. An inability to show that the government actually knows of the threatened torture does not doom the claim. Hard to believe, but the BIA had ruled the opposite in a case called Matter of S-V-.

The Third Circuit now joins the Second Circuit, Fourth Circuit, Fifth Circuit, Sixth Circuit, and Ninth Circuit to conclude the BIA is completely wrong on this issue in immigration law. Pretty scary to think of all the other issues that the BIA might also be wrong about.


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