Wei Lin v. Robert Wilkinson ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 24 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WEI LIN, No. 20-73093
Petitioner, Agency No. A087-957-919
v.
MEMORANDUM*
ROBERT M. WILKINSON, Acting
Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 17, 2021**
Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges.
Wei Lin, a native and citizen of China, petitions pro se for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s decision denying his application for deferral of removal under the
Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1252. We review for substantial evidence the agency’s factual findings. Garcia-
Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for
review.
Substantial evidence supports the agency’s denial of Lin’s CAT claim
because he did not establish that it is more likely than not he would be tortured by
or with the consent or acquiescence of the government if returned to China. See
Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (claims of possible torture
were speculative); Go v. Holder, 640 F.3d 1047, 1054 (9th Cir. 2011) (country
reports and credible testimony were insufficient to compel conclusion that
petitioner was more likely than not to be tortured).
The temporary stay of removal remains in place until issuance of the
mandate. The motion for a stay of removal (Docket Entry No. 1) is otherwise
denied.
PETITION FOR REVIEW DENIED.
2 20-73093