O‑F‑A‑S‑

Syllabus

(1) Under Department of Justice regulations implementing the Convention Against Torture, an act constitutes \torture\ only if it is inflicted or approved by a public official or other person \acting in an official capacity.\ 8 C.F.R. § 1208.18(a)(1). This official capacity requirement limits the scope of the Convention to actions performed \under color of law.\ Matter of Y-L-, 23 I&N Dec. 270 (A.G. 2002). Nothing in Matter of Y-L-, or any other Board precedent, should be construed to endorse a distinct, \rogue official\ standard. (2) The \under color of law\ standard draws no categorical distinction between the acts of low- and high-level officials. A public official, regardless of rank, acts \under color of law\ when he \exercise[s] power 'possessed by virtue of . . . law and made possible only because [he was] clothed with the authority of . . . law.'\ West v. Atkins, 487 U.S. 42, 47 (1988) (quoting United States v. Classic, 313 U.S. 299, 326 (1941)).