Figueroa-Hincapie

MEMORANDUM *

Jorge Figueroa-Hineapie appeals the district court’s ruling denying his petition for a writ of habeas corpus, seeking relief from his final order of removal to his native country of Colombia. Since the district court did not err in failing to remand the matter for a redetermination of whether Figueroa committed a particularly serious crime, we affirm its ruling denying Figueroa withholding of removal. But Figueroa presented sufficient evidence to prove he was more likely than not to be tortured if removed to Colombia. We therefore reverse the district court’s ruling denying him relief under the Convention Against Torture.

*285 1. Particularly Serious Crime.

The BIA denied Figueroa’s request for withholding of removal under 8 U.S.C. § 1231 (b)(3) upon concluding that his conviction for possession of methamphetamine for sale was for a “particularly serious crime” under the standard of In re S-S- 21 I. & N. Dec. 458 (BIA 1999). See 8 U.S.C. § 1231 (b)(3)(B)(ii). Figueroa contends that because In re Y-L-, 23 I. & N. Dec. 270, 274 (BIA 2002), altered the particularly serious crime standard after the BIA’s initial ruling in his ease, the district court should have…