Ya Liu v. Eric H. Holder Jr.

MEMORANDUM

Ya Jun Liu petitions for review of the Board of Immigration Appeals’s (“BIA”) decision denying her deferral of removal under the Convention Against Torture (“CAT”). United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, 1465 U.N.T.S. 85, 23 I.L.M. 1027. See Regulations Concerning the Convention Against Torture, 64 Fed. Reg. 8478 -01 at 8482-83 (Feb. 19, 1999) (codified at various parts of 8 C.F.R.); 8 C.F.R. §§ 208.16-208.18 (1999). Liu conceded removability.

Liu contends that, if she returns to China, she will be tortured and killed by members of a criminal drug gang in reprisal for her cooperation with the United States government, where she assisted in the capture and arrest of two gang members and the identification of a third gang member. The BIA did not disturb the immigration judge’s finding that Liu is more likely than not to be tortured if she returns to China and we do not revisit that finding here; instead the BIA denied CAT relief on the ground that Liu’s evidence was insufficient, as a matter of law, to show Chinese government officials were more likely than not to acquiesce in her…