The following excerpt is from Abufayad v. Eric H. Holder Jr., 632 F.3d 623 (9th Cir. 2011):
bears the burden of establishing that he is more likely than not to suffer intentionally-inflicted cruel and inhuman treatment, Nuru v. Gonzales, 404 F.3d 1207, 1221 (9th Cir.2005) (citation and internal quotation marks omitted), inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity, 8 C.F.R. 1208.18(a)(1).
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