Aholelei

MEMORANDUM *

Nganatatafu Aholelei, a native and citizen of Tonga, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ’s”) oral decision denying Mr. Aholelei’s application for deferral of removal under Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”). He argues, inter alia, that the BIA applied an incorrect legal standard for determining when government officials “acquiesce” in acts of torture under CAT. Since the BIA did apply an incorrect standard for acquiescence under CAT, and it is not clear whether the BIA relied on that incorrect standard in denying Mr. Aholelei’s CAT petition, we grant Mr. Aholelei’s petition for review and remand for further proceedings.

In affirming the IJ’s denial of Mr. Aholelei’s CAT claim, the BIA stated only:

The BIA stated in Matter of Y-L- that “[t]he relevant inquiry [in determining whether there was “acquiescence”] under the Convention Against Torture ... is whether governmental authorities would approve or ‘willfully accept’ atrocities committed against persons in the respondent’s position.” 23 I. &…