Gallina v. Wilkinson, No. 17-4058 (2d Cir. 2021)
Annotate this CaseThe Second Circuit denied a petition for review of the BIA's decision denying petitioner relief under the Convention Against Torture (CAT). Petitioner argues that he was tortured in Italy when he was subjected for more than six years to solitary confinement and other restrictive conditions in Italy’s 41-bis prison regime, and that he would more likely than not be tortured if removed to Italy. The court concluded that the conditions petitioner alleged he faced or would face do not rise to the level of torture as that term is used under the CAT and its implementing regulations at 8 C.F.R. 1208.18. In this case, although the court recognized that petitioner developed various persisting mental ailments while in 41-bis detention, the court cannot agree that he faced severe mental pain and suffering of the kind envisioned in section 1208.18(a)(4)(ii)
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