The Third Circuit has again rejected the use of a subordination test (i.e., asking if a protected ground motive for persecution is subordinate to other motives) and an animus test (i.e., asking if the persecutor was motivated by an animus against the protected characteristic). In addition, the Court reiterated that just because a government is attempting to prevent torture does not mean it is succeeding, and that the efforts are not determinative of whether there is government acquiescence to torture.
The full text of Tipan Lopez v. Attorney General can be found here: