Yongji Quan v. Eric Holder, Jr.

MEMORANDUM

Petitioner Yongji Quan (“Quan”), a native and citizen of China and claimed Falun Gong practitioner, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) affirmation of an immigration judge’s (“IJ’s”) denial of relief pursuant to the Convention Against Torture (“CAT”). We deny the petition because Mr. Quan has not established that he is more likely than not to be tortured should he return to China.

An applicant seeking CAT protection bears the burden of establishing: (1) that it is more likely than not that he will suffer intentionally cruel and inhuman treatment; and (2) that this treatment will have been “ ‘inflicted by or at the instigation of or with the consent or acquiescence of a public official or person acting in an official capacity.’ ” Abufayad v. Holder, 632 F.3d 623, 631-32 (9th Cir.2011) (quoting 8 C.F.R. § 1208.18 (a)(1)). While reasonable minds could differ as to whether the petitioner faced more than a 50% chance of torture upon return, we may not grant the petition unless a reasonable factfinder would be compelled to conclude that the BIA’s determination that Mr. Quan failed to meet his heavy burden of showing a clear probability of…