Article by Alexander Breaux
This Case Note examines a recent development from the Fifth Circuit, which redefines the “state acquiescence” requirement for Convention Against Torture (CAT) relief to the detriment of refugee-applicants from countries where police are corrupt or simply lack the will or courage to protect citizens from gang violence. First, the Note presents an overview of the framework for CAT relief in the United States and Fifth Circuit precedent interpreting the “state acquiescence” requirement. Next, the Note examines a Fifth Circuit majority panel interpretation of circuit precedent and its rationale for upholding a Board of Immigration Appeals decision that denied CAT relief to a victim of gang violence. Finally, the Note dissects the panel's decision and examines the harmful implications of the narrowed “state acquiescence” definition before briefly concluding.
About the Author
Alexander Breaux, J.D. candidate 2023, Tulane University Law School; M.S. 2015, B.S. 2012, Tulane University.
Citation
96 Tul. L. Rev. 1033 (2022)