Li Chen Zheng, AKA Zheng Li Chen v. John Ashcroft, Attorney General

Li Chen Zheng (“Zheng”), a Chinese native and citizen, petitions this court for review of the Board of Immigration Appeals’ (“BIA”) final order. The BIA vacated the Immigration Judge’s (“IJ”) decision granting Zheng’s application for relief under Article 3 of the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment (“Convention Against Torture” or “Convention”) and ordered Zheng removed to China. Under the Convention Against Torture, the United States will not “expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture.” Foreign Affairs Reform and Restructuring Act of 1998 (“FARRA”), Pub.L. No. 105-277, Div. G, Title XXII, § 2242, 112 Stat. 2681 -822 (1998) (codified as note to 8 U.S.C.A. § 1231 (1999)). To qualify for relief under the Convention, the torture must be “inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” 8 C.F.R. § 208.18 (a)(1) (emphasis added). Zheng believes that if…