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GOURDET v. HOLDER

No. 08-2422.

587 F.3d 1 (2009)

Mackendy GOURDET, Petitioner, v. Eric H. HOLDER, Respondent.

United States Court of Appeals, First Circuit.

Decided November 4, 2009.

Attorney(s) appearing for the Case

Jeffrey B. Rubin on brief for petitioner.

Stefanie Notarino Hennes, Trial Attorney, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney General, Civil Division, and John W. Blakeley, Assistant Director, Office of Immigration Litigation, on brief for respondent.

Before LYNCH, Chief Judge, EBEL and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

Mackendy Gourdet, a native and citizen of Haiti, seeks review of a decision of the Board of Immigration Appeals (BIA) denying his application for relief from removal under the Convention Against Torture (CAT). In addressing claims for CAT relief based on substandard prison conditions, we have distinguished between generally substandard prison conditions, such as deprivation of adequate space, food, water, sanitation or exercise, and acts of mistreatment...

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