Xiao Qing Feng v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
Xiao Qing Feng (“Feng”), a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s (“IJ”) denial of his application for protection under the Convention Against Torture (“CAT”). 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Bellout v. Ashcroft, 368 F.3d 975, 979 (9th Cir.2004), we deny the petition for review.
Feng failed to establish that it is more likely than not that, if removed to China, he would be tortured. Al-Saher v. INS, 268 F.3d 1143, 1147 (9th Cir.2001). At his initial hearing in 1991, Feng described being arrested for admiring a Western-made car, although the authorities did not tell him why he was arrested. At that hearing, Feng did not indicate that he had ever been tortured. In addition, Feng testified that the only contact he had with the Chinese authorities after the Tiananmen Square massacre was “in regard to taxes.” To avoid being arrested, he did not alert them to his participation in the student movement. The Chinese authorities have not shown any interest in Feng or his whereabouts since 1992.