Dongxing Lin v. Eric Holder, Jr.

MEMORANDUM

Dongxing Lin, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the BIA’s denial of Lin’s CAT claim because Lin failed to establish it is more likely than not he would be tortured. See Go v. Holder, 640 F.3d 1047, 1053-54 (9th Cir.2011) (petitioner failed to show sufficient probability of torture to satisfy high CAT standard). Thus, Lin’s CAT claim fails.

Substantial evidence does not, however, support the BIA’s finding that Lin failed to establish his actual and/or imputed political opinion was or would be a central reason for arrest and mistreatment by the police, where Lin testified the police questioned him about his actions “to oppose the government” and…