3rd Circuit Rules District Courts May Consider Torture Claims
Monday, August 25, 2003
- Organization: The Legal Intelligencer
- Link: http://www.law.com
Rejecting the U.S. Justice Department's position on a fundamental issue in immigration law, the 3rd U.S. Circuit Court of Appeals has ruled that federal district courts have jurisdiction to consider claims alleging violations of the United Nations Convention Against Torture. The opinion in Ogbudimkpa v. Ashcroft is sharply critical of the DOJ for taking "flip-flopping positions" and using "Catch-22 tactics" in handling immigration cases.
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