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PIERRE v. ATTORNEY GENERAL OF U.S.

No. 06-2496.

528 F.3d 180 (2008)

Paul PIERRE, Petitioner, v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Filed: June 9, 2008.

Attorney(s) appearing for the Case

Rebecca Sharpless (Argued), Florida International University, Miami, FL, Attorney for Petitioner.

Steven A. Morley (Argued), Thomas M. Griffin, Morley, Surin & Griffin, Philadelphia, PA, Amicus Curiae for the Court.

Thomas H. Dupree, Jr. (Argued), United States Department of Justice, Washington, DC, David E. Dauenheimer, Richard M. Evans, Susan K. Houser, United States Department of Justice, Office of Immigration Litigation, Washington, DC, Attorneys for Respondent.

Before: SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, and GARTH, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge, joined by SCIRICA, SLOVITER, BARRY, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, and GARTH, Circuit Judges.

We ordered rehearing en banc in this case to determine the level of intent required, under the Convention Against Torture (the "CAT"),1 for an applicant to show that he is more likely than not to be tortured if sent to the proposed...

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