What is the burden of proving that a detainee would be tortured?

Hernandez-Mendoza had the burden to demonstrate that he would "more likely than not" be tortured. 8 C.F.R. 1208.16(c)(2). "Torture is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person . . . at the instigation of, or with the consent or acquiescence of, a public official acting in an official capacity or other person acting in an official capacity." 8 C.F.R. 1208.18(a)(1). "[T]orture requires . . . that government officials know of or remain willfully blind to an act and thereafter breach their legal responsibility to prevent it." Khouzam v. Ashcroft, 361 F.3d

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