Gourdet v. Holder, No. 08-2422
A Haitian citizen's petition for review of BIA's denial of his application for relief from removal under the CAT is denied where: 1) the general detention conditions in Haiti are not sufficiently severe to rise to the level of torture; 2) the acts of mistreatment that petitioner will likely be subjected to in detention do not amount to torture; and 3) Court lacks jurisdiction to address petitioner's remaining contentions that he has met his burden of proving that torture of criminal deportees in Haiti is widespread and that he is more likely to be singled out for mistreatment by Haitian authorities because of his personal characteristics.
On Petition for Review of an Order of the Board of Immigration Appeals
Decided November 4, 2009
Opinion by Lipez, Circuit Judge
For Appellant: Jeffrey B. Rubin
For Appellee: Stefanie Notarino Hennes, Trial Attorney, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney General, Civil Division, and John W. Blakeley, Assistant Director, Office of Immigration Litigation