Wencheng Liu v. Eric Holder, Jr. , 519 F. App'x 965 ( 2013 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                           FEB 15 2013
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                     U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    WENCHENG LIU,                                      No. 10-73072
    Petitioner,                        Agency No. A099-718-978
    v.
    MEMORANDUM *
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted February 11, 2013 **
    Before:         FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
    Wencheng Liu, a native and citizen of China, petitions pro se for review of
    the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration
    judge’s denial of his application for asylum, withholding of removal, and relief
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **    The panel unanimously concludes this case is suitable for decision
    without oral argument, see Fed. R. App. P. 34(a)(2), so we deny his request for oral
    argument.
    under the Convention Against Torture (“CAT”). We have jurisdiction under 
    8 U.S.C. § 1252
    . We review for substantial evidence factual findings. Zehatye v.
    Gonzales, 
    453 F.3d 1182
    , 1184-85 (9th Cir. 2006). We deny the petition for
    review.
    Liu does not contend that he suffered past persecution. Substantial evidence
    supports the BIA's determination that Liu failed to establish a well-founded fear of
    future persecution because he did not show that the Chinese government is aware
    of his activities or is seeking him, or that he would continue to participate in
    political activities if he returns to China. See Nagoulko v. INS, 
    333 F.3d 1012
    ,
    1018 (9th Cir. 2003). We do not address Liu's unexhausted contention that he will
    be persecuted based on his group membership. See Barron v. Ashcroft, 
    358 F.3d 674
    , 678 (9th Cir. 2004).
    Because Liu failed to meet the lower burden of proof for asylum, it follows
    that he has not met the higher standard for withholding of removal. See Zehatye,
    
    453 F.3d at 1190
    .
    Finally, substantial evidence supports the BIA’s denial of CAT relief
    because Liu failed to establish that it is more likely than not he will be tortured by
    or with the acquiescence of a public official or a person acting in an official
    capacity. See Zheng v. Ashcroft, 
    332 F.3d 1186
    , 1188 (9th Cir. 2003). We do not
    2
    consider the evidence submitted by Liu that is not contained in the administrative
    record. See Fisher v. INS, 
    79 F.3d 955
    , 963 (9th Cir. 1996) (en banc).
    PETITION FOR REVIEW DENIED.
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