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KHOUZAM v. ASHCROFT

Docket Nos. 02-4109, 02-4159.

361 F.3d 161 (2004)

Sameh Sami S. KHOUZAM, a/k/a Sameh Sami Khouzam, a/k/a Sameh S. Khouzam, a/k/a Sameh Khouzam, Petitioner, v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided February 24, 2004.

Amended April 12, 2004.

Attorney(s) appearing for the Case

Matthew L. Guadagno, New York, New York (Kerry W. Bretz, Jules E. Coven, Bretz & Coven, LLP, New York, New York, of counsel; Guy Menahem, Law Student, assisted on the brief), for Petitioner.

Michael M. Krauss, Assistant United States Attorney, New York, New York (James B. Comey, United States Attorney, Kathy S. Marks, Meredith E. Kotler, Assistant United States Attorneys for the Southern District of New York, New York, New York, of counsel), for Respondent.

Before: CARDAMONE, MINER, and CALABRESI, Circuit Judges.

CARDAMONE, Circuit Judge.

Petitioner Sameh Sami S. Khouzam, an alien, has petitioned us for review of two final orders — one dated March 7, 2002, the other dated May 7, 2002 — of the Board of Immigration Appeals (BIA or Board), both denying him relief from deportation. The issue we deal with on the second petition concerns the subject of torture.

Torture has been employed as an infamous instrument to extract confessions from or determine the...

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