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BIA on CAT: Matter of J-G-R-

August 11, 2023 (1 min read)

Matter of J-G-R-

(1) Torturous conduct committed by a public official who is “acting in an official capacity,” meaning acting under color of law, is covered by the regulations implementing the Convention Against Torture, but such conduct by an official who is not acting in an official capacity is not covered. Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020), followed.

(2) The key consideration in determining if an official’s torturous conduct was undertaken “in an official capacity” for purposes of CAT eligibility is whether the official was able to engage in the conduct because of his or her government position, or whether the official could have done so without connection to the government.

"We will remand the record to the Immigration Judge to determine if the respondent is credible, consistent with the First Circuit’s remand order [Reyes v. Garland, 37 F.4th 1 (1st Cir. 2022)]."

[Hats off to Ethan Horowitz!]

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