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Keywords

tortappealhearingmotionwill
tortappealhearingmotionwill

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Silva-Rengifo v. AG

Facts

Silva-Rengifo, a 47-year-old husband and father of three, entered the United States as a lawful permanent resident in 1968 when he was only 11 years old, and he has lived here continuously for the past 38 years. In 1990, he was convicted of possession of cocaine with intent to distribute in state court in New Jersey, for which he was sentenced to a period of incarceration of three and one-half years. As a result of that conviction, removal proceedings began against him in June 1991. In 1993, after a full hearing, an Immigration Judge found him removable and denied his application for section 212(c) hardship relief. Silva-Rengifo appealed the IJ's decision to the BIA, which rejected his appeal in December 1993. The BIA granted the motion to reopen in part, and denied it in part, allowing Silva-Rengifo to present evidence for relief under the CAT.

Silva-Rengifo, a 47-year-old husband and father of three, entered the United States as a lawful permanent resident in 1968 when he was only 11 years old, and he has lived here continuously for the past 38 years. In 1990, he was convicted of possession of cocaine with intent to distribute in state court in New Jersey, for which he was sentenced to a period of incarceration of three and one-half years. As a result of that conviction, removal proceedings began against him in June 1991. In 1993, after a full hearing, an Immigration Judge found him removable and denied his application for section 212(c) hardship relief. Silva-Rengifo appealed the IJ's decision to the BIA, which rejected his appeal in December 1993. The BIA granted the motion to reopen in part, and denied it in part, allowing Silva-Rengifo to present evidence for relief under the CAT.

Issue

Did the BIA err in its interpretation of the requirement for governmental acquiescence under the Convention Against Torture?

Did the BIA err in its interpretation of the requirement for governmental acquiescence under the Convention Against Torture?

Rule

Under the Convention Against Torture, an applicant must establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal, and that such torture would be inflicted by or at the instigation of or with the consent or acquiescence of a public official.

Under the Convention Against Torture, an applicant must establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal, and that such torture would be inflicted by or at the instigation of or with the consent or acquiescence of a public official.

Analysis

The court found that the BIA's interpretation of acquiescence was too narrow, requiring actual knowledge of torture by the Colombian government. The court held that it was sufficient to show that the government was willfully blind to torturous activities conducted by third parties. The evidence presented by Silva-Rengifo suggested a collusive relationship between the Colombian government and groups that engaged in torture, which warranted further examination.

The court found that the BIA's interpretation of acquiescence was too narrow, requiring actual knowledge of torture by the Colombian government.

Conclusion

The court granted Silva-Rengifo's petition for review, vacated the removal order, and remanded the matter to the BIA for further proceedings.

The court granted Silva-Rengifo's petition for review, vacated the removal order, and remanded the matter to the BIA for further proceedings.

Who won?

Silva-Rengifo prevailed in the case because the court found that the BIA had erred in its interpretation of the acquiescence requirement under the CAT, allowing for the possibility of relief based on willful blindness.

Silva-Rengifo prevailed in the case because the court found that the BIA had erred in its interpretation of the acquiescence requirement under the CAT, allowing for the possibility of relief based on willful blindness.

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