Gallina v. Robert M. Wilkinson, Acting U.S. Attorney General

Overview

Gallina v. Robert M. Wilkinson, Acting U.S. Attorney General (U.S. Court of Appeals, 2nd Circuit, February 2, 2021): On review of a Board of Immigrations Appeals decision, the 2nd Circuit refused to stop the deportation of an Italian national, Ferdinando Gallina, denying relief under the Convention Against Torture. Prior to Mr. Gallina’s arrival in the U.S. he served more than six years in solitary confinement in Italy’s prison system for mafia-related criminal convictions. After his release from jail and travel to the U.S. in 2016, an arrest warrant was issued in Italy for his involvement in a 2000 murder. Now facing deportation, Mr. Gallina contends he would be placed in solitary confinement if returned to Italy, the conditions of which would constitute torture under the Convention Against Torture. The court disagreed and argued that the Convention Against Torture requires the intentional infliction of severe physical pain or suffering. However, the conditions of Mr. Gallina’s detention were established to prevent him and other members of dangerous criminal organizations from participating in further criminal activity. The court also held that no international tribunal/body has found that solitary confinement, without additional factors, would meet the definition of torture and failed to grant the requested relief. Read the full decision here.

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