Julmiste v. Ashcroft
United States District Court for the District of New Jersey
212 F. Supp. 2d 341 (2002)
- Written by Rich Walter, JD
Facts
Paul Julmiste (plaintiff) filed a district-court habeas corpus petition to prevent Attorney General John Ashcroft (defendant) from executing a removal order for Julmiste’s deportation to Haiti. Julmiste invoked federal regulations that implemented the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention Against Torture, or CAT), to which the United States was signatory. Julmiste claimed that if he were deported, Haitian officials probably would subject Julmiste to torture in retribution for antigovernment activities by members of Julmiste’s family. In opposing Julmiste’s petition, Ashcroft conceded that Haiti was a poor and unstable country in which prisoners were routinely abused and sometimes tortured for political reasons. However, Ashcroft denied that there was any proof that Julmiste himself would face torture upon returning to Haiti.
Rule of Law
Issue
Holding and Reasoning (Irenas, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
