Makaj

MEMORANDUM *

Deda Nikoll Makaj, a native and citizen of Albania and a legal permanent resident in the United States, seeks review of the decision of the Board of Immigration Appeals (“BIA”) to uphold an immigration judge’s (“IJ”) denial of relief under the Convention Against Torture (“CAT”). Makaj contends that the BIA used the wrong legal standard in assessing the likelihood that he would face torture if returned to Albania. His contention raises a question of law over which this Court has jurisdiction pursuant to 8 U.S.C. § 1252 (a)(2)(D), and which we review de novo. See Murillo-Espinoza v. INS, 261 F.3d 771, 773 (9th Cir.2001). Because we conclude that the BIA did use an erroneous legal standard, we grant Makaj’s petition.

I. Legal standard

The regulations implementing CAT define torture as:

8 C.F.R. § 208.18 (a)(1). Extrajudicial killing, if committed for any of these purposes, can constitute “torture” within the meaning of CAT. See Bromfield v. Mukasey, 543 F.3d 1071, 1079 (9th Cir.2008).

Further, to demonstrate eligibility for relief under CAT, a petitioner must show that, if he is returned to his home country, it is “more likely than not” that a government official or…