082657P.pdf   08/04/2009  Guillermo E. Ramirez-Peyro  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  08-2657
   Board of Immigration Appeals   
   [PUBLISHED] [Melloy, Author, with Murphy and Shepherd, Circuit Judges]
   Petition for review - Immigration. For the court's prior opinion in the
   matter, see Ramirez-Peyro v. Gonzalez, 477 F.3d 637 (8th Cir. 2007),
   which remanded the case to the BIA for specific factual findings
   regarding the plausibility of petitioner's internal relocation to Mexico
   and the Mexican government's acquiescence to drug traffickers and public
   official who help them. This circuit adopts the BIA's interpretation of
   "acting in an official capacity" under 8 C.F.R. Sec. 1208 which defines
   the phrase as "under color of law;" the BIA too narrowly construed this
   standard in petitioner's case and erred in applying the standard to the
   facts because the BIA's conclusion that Mexican police would not be
   acting in official capacity was based on improper fact finding and an
   improper statement of the IJ's factual findings regarding the likelihood
   of petitioner's arrest and whether he had immunity from prosecution in
   Mexico; in analyzing petitioner's claim that he was entitled to relief
   under the Convention Against Torture based on the acquiescence of
   public officials acting in an official capacity to the actions of other
   persons, the BIA inappropriately limited its analysis to whether law-
   enforcement officials would acquiesce in their official capacities to the
   Juarez drug cartel's actions against petitioner; case remanded for further
   findings.