No Bivens remedy exists for cross-border shooting by US border agent where national security and foreign affairs concerns counsel against extension to new contexts.
human-rights
The statutory non-refoulement screening mechanism must afford high standards of procedural fairness, including legal representation, interpretation, and adequate opportunity to present the claim.
Article 3 HKBOR provides absolute protection against torture and cruel treatment, barring removal of any person facing a real risk of such treatment from HK.
High standards of procedural fairness and anxious scrutiny apply to torture claim assessments, requiring the decision-maker to provide adequate reasons.
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