NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 24 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WEI LIN, No. 20-73093 Petitioner, Agency No.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 20-73093 Court of Appeals for the Ninth Circuit ca9 9th Cir. Wei Lin v. Robert Wilkinson 24 February 2021 Agency Unpublished e964e6fe04f87840bccbe8313c48bf806780d2d6
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals