Manliki

MEMORANDUM *

Petitioner Tajudeen Kolawole Manliki petitions for review of an order of the *774 Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) removal order. We deny the petition in part, grant the petition in part, and remand.

1. The IJ applied the correct legal standard in determining that Petitioner’s conviction qualified as a “particularly serious crime.” 8 U.S.C. § 1231 (b)(3)(B). We review this question de novo. Afridi v. Gonzales, 442 F.3d 1212, 1215, 1218 (9th Cir.2006). Although the IJ did not express a legal standard directly, she did consider “the nature of the conviction, the circumstances and underlying facts of the conviction, the type of sentence imposed, and ... whether the type and circumstances of the crime indicate that the alien will be a danger to the community.” In re Frentescu, 18 I. & N. Dec. 244, 247 (B.I.A. 1982); see also Afridi, 442 F.3d at 1219 (adopting the Frentescu factors for “particularly serious crime” determinations).

2. The BIA’s determination that Petitioner did not meet his burden that “it is more likely than not that he ... would be tortured if removed,” 8 C.F.R. § 1208.16 (c)(2), is not…