Nen Ying Wang v. John Ashcroft, Attorney Gen. of the United States James Ziglar, Comm'r, U.S. Immigr. & Naturalization Serv., 368 F.3d 347 (3d Cir. 2004). · Go Syfert
Nen Ying Wang v. John Ashcroft, Attorney Gen. of the United States James Ziglar, Comm'r, U.S. Immigr. & Naturalization Serv., 368 F.3d 347 (3d Cir. 2004). Cases Citing This Book View Copy Cite
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cited 5× by 5 distinct cases, 2005–2016↓ Fading · …subject to established principles of deference. at p. 349 ✓ Topic ↗
197 citation events (197 in the last 25 years) across 4 distinct courts.
Strongest positive: Sekeon v. Atty Gen USA (ca3, 2007-07-12)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Sekeon v. Atty Gen USA
3rd Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
the standard for invocation of the cat is more stringent than the standard for granting asylum.
discussed Cited as authority (verbatim quote) Celaj v. Atty Gen USA
3rd Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
the standard for invocation of the convention against torture is more stringent than the standard for granting asylum
discussed Cited as authority (rule) George Mecheo v. Attorney General United States
3rd Cir. · 2023 · confidence medium
As the BIA correctly noted, Dan—with the 25 Appx. 130. 26 See 8 C.F.R. § 1208.16 (c)(3)(ii) (providing that, in assessing the likelihood of future torture, the agency considers, inter alia, “Evidence that the applicant could relocate to another part of the country . . . where he or she is not likely to be tortured.”). 27 Obale v. Att’y Gen., 453 F.3d 151, 161 (3d Cir. 2006) (citing Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004)); 8 C.F.R. § 1208.16 (c)(2)). 11 assistance of counsel—did file an independent asylum application.
discussed Cited as authority (rule) Yerbol Alshinbayev v. Attorney General United States
3rd Cir. · 2021 · confidence medium
“To qualify for relief under the CAT, an applicant . . . bears the burden of proving through objective evidence that ‘it is more likely than not’ that s/he would be ‘tortured’ in the country to which the applicant would be removed.” Obale v. Att’y Gen., 453 F.3d 151, 161 (3d Cir. 2006) (quoting Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004)).
discussed Cited as authority (rule) Marina Lopez-Bonilla v. Attorney General United States
3rd Cir. · 2019 · confidence medium
Escobar v. Gonzales, 417 F. 3d 363, 365 (3d Cir. 2005) (citing Wang v. Ashcroft, 368 F. 3d 347, 349 (3d Cir. 2004)). 2 8 U.S.C. 1101(a)(42)(A). 2 the “nuclear family of Fredys Lopez-Hernandez” qualifies as a particular social group.
discussed Cited as authority (rule) Quanguan Zheng v. Attorney General United States (2×) also: Cited "see"
3rd Cir. · 2019 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004).
discussed Cited as authority (rule) Marina Lopez-Bonilla v. Attorney General United States
3rd Cir. · 2019 · confidence medium
Escobar v. Gonzales, 417 F. 3d 363, 365 (3d Cir. 2005) (citing Wang v. Ashcroft, 368 F. 3d 347, 349 (3d Cir. 2004)). 2 8 U.S.C. 1101(a)(42)(A). 2 But, the IJ correctly concluded that Petitioners did not qualify for asylum because they failed to establish that a nexus between the social group and the alleged persecution.
discussed Cited as authority (rule) Raheel Rehman v. Attorney General United States (2×) also: Cited "see"
3rd Cir. · 2018 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 350 (3d Cir. 2004).
discussed Cited as authority (rule) Atcha Adjankara v. Attorney General United States
3rd Cir. · 2018 · confidence medium
Escobar v. Gonzales, 417 F.3d 363, 365 (3d Cir. 2005) (citing Wang v. Ashcroft, 368 F. 3d 347, 349 (3d Cir. 2004)). 4 App. 19 . 5 App. 24 . 2 Adjankara’s flight left Ghana, Morou told Adjankara that the two children were not her daughters and that they had already flown to the United States.
cited Cited as authority (rule) Rosemery Antunez v. Attorney General United States
3rd Cir. · 2018 · confidence medium
We review the BIA’s legal conclusions de novo.3 Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004).
cited Cited as authority (rule) Jose Sisiliano-Lopez v. Attorney General United States
3rd Cir. · 2017 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004).
discussed Cited as authority (rule) Billy Calderon-Argumedo v. Attorney General United States
3rd Cir. · 2017 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 350 (3d Cir. 2004) ("We will sustain the BIA’s decision if substantial evidence in the record supports its decision.”). 11 .
discussed Cited as authority (rule) Jose Belamino Maradiaga v. Attorney General United State
3rd Cir. · 2017 · confidence medium
We “review the administrative record on which the final removal order is based.” Li Hua Yuan v. Att’y Gen., 642 F.3d 420, 425 (3d Cir. 2011) (quoting Zhang v. Gonzales, 405 F.3d 150, 155 (3d Cir. 2005)). “[T]hat means [we review] only the BIA’s decision” unless the BIA’s decision “specifically references the IJ’s decision.” Id. *72 We review legal determinations by the BIA de novo, “subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004).
discussed Cited as authority (rule) Jhonathan Victoria Javier v. Attorney General United States
3rd Cir. · 2016 · confidence medium
We “review the administrative record on which the final removal order is based.” Li Hua Yuan v. Att’y Gen., 642 F.3d 420, 425 (3d Cir.2011) (quoting Zhang v. Gonzales, 405 F.3d 150, 155 (3d Cir.2005)). “[T]hat means reviewing only the BIA’s decision” unless the BIA’s decision “specifically references the IJ’s decision.” Id. 4 We review legal determinations by the BIA de novo, “subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004).
cited Cited as authority (rule) Linas Vaitkus v. Attorney General United State
3rd Cir. · 2016 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004).
discussed Cited as authority (rule) Omar Frias-Camilo v. Attorney General United State
3rd Cir. · 2016 · confidence medium
In considering that question, we "review[ ] the agency’s conclusions of law de novo, 'subject to established principles of deference.' ” Mendez-Reyes v. Att'y Gen., 428 F.3d 187, 191 (3d Cir. 2005) (quoting Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004)).
discussed Cited as authority (rule) Jhonathan Victoria Javier v. Attorney General United States
3rd Cir. · 2016 · confidence medium
We “review the administrative record on which the final removal order is based.” Li Hua Yuan v. Att’y Gen., 642 F.3d 420, 425 (3d Cir. 2011) (quoting Zhang v. Gonzales, 405 F.3d 150, 155 (3d Cir. 2005)). “[T]hat means reviewing only the BIA’s decision” unless the BIA’s decision “specifically references the IJ’s decision.” Id.4 We review legal determinations by the BIA de novo, “subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004).
cited Cited as authority (rule) Shah v. Attorney General of the United States
3rd Cir. · 2016 · confidence medium
Discussion 3 A. Standard op Review We review the BIA’s determinations of law de novo, but “subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004).
cited Cited as authority (rule) Chevan Robinson v. Attorney General United States
3rd Cir. · 2016 · confidence medium
This Court reviews decisions of the BIA de novo, “subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004).
discussed Cited as authority (rule) Robinson Bordamonte v. Attorney General United States
3rd Cir. · 2016 · confidence medium
Discussion 2 Typically, “[i]n reviewing the merits of Petitioner’s claims, this Court reviews the *79 agency’s conclusions of law de novo, ‘subject to established principles of deference.’” Mendez-Reyes v. Att’y Gen., 428 F.3d 187, 191 (3d Cir.2005) (quoting Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004)).
discussed Cited as authority (rule) Narinder Singh v. Attorney General United States (2×) also: Cited "see"
3rd Cir. · 2015 · confidence medium
Discussion 3 A. Standard of Review “In reviewing the merits of Petitioner’s claims, this Court reviews the agency’s conclusions of law de novo, ‘subject to established principles of deference.’ ” Mendez-Reyes v. Att’y Gen., 428 F.3d 187, 191 (3d Cir.2005) (quoting Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004)).
discussed Cited as authority (rule) Kevin Hawse v. Attorney General United States
3rd Cir. · 2013 · confidence medium
Inc. v. NRDC, 467 U.S. 837, 844 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984).” Briseno-Flores v. Att’y Gen., 492 F.3d 226, 228 (3d Cir.2007) (parallel citations omitted) (citing Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004)).
cited Cited as authority (rule) Bernardo Castillo v. Attorney General United States
3rd Cir. · 2013 · confidence medium
Briseno-Flores v. Attorney General, 492 F.3d 226, 228 (3d Cir.2007) (citing Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004)).
cited Cited as authority (rule) Jia Xun Wang v. Attorney General of the United States
3rd Cir. · 2012 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 350-51 (3d Cir.2004) (substantial evidence supported BIA’s determination that repatriated Chinese alien would likely not face torture for illegal departure).
cited Cited as authority (rule) Mauricio Alvarenga-Vasquez v. Attorney General United States
3rd Cir. · 2012 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004).
cited Cited as authority (rule) Qiao Xue Li v. Attorney General
3rd Cir. · 2012 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004).
cited Cited as authority (rule) Yong Ai Liu v. Attorney General of the United States
3rd Cir. · 2012 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004).
discussed Cited as authority (rule) Ardon v. Attorney General of the United States (2×) also: Cited "see"
3rd Cir. · 2011 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004).
cited Cited as authority (rule) Thashian McKenzie v. Atty Gen USA
3rd Cir. · 2011 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004).
cited Cited as authority (rule) McKenzie v. Attorney General of the United States
3rd Cir. · 2011 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004).
cited Cited as authority (rule) Flores-Nova v. Attorney General of the United States.
3rd Cir. · 2011 · confidence medium
“We review the BIA’s legal determinations de novo, subject to estab *492 lished principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004).
cited Cited as authority (rule) Gad Demandstein v. Atty Gen USA
3rd Cir. · 2011 · confidence medium
“We review the BIA‟s legal determinations de novo, subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004).
cited Cited as authority (rule) Shanti Sarup v. Atty Gen USA
3rd Cir. · 2011 · confidence medium
“We review the BIA’s legal determinations de novo, subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004).
cited Cited as authority (rule) Sarup v. Attorney General of the United States
3rd Cir. · 2011 · confidence medium
“We review the BIA’s legal determinations de novo, subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004).
cited Cited as authority (rule) DEMANDSTEIN v. Attorney General of US
3rd Cir. · 2011 · confidence medium
“We review the BIA’s legal determinations de novo, subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004).
cited Cited as authority (rule) Gad Demandstein v. Atty Gen USA
3rd Cir. · 2011 · confidence medium
“We review the BIA‟s legal determinations de novo, 3 subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004).
discussed Cited as authority (rule) Bernardo Castillo v. Atty Gen USA
3rd Cir. · 2011 · confidence medium
Ed. 2d 694 (1984).‖ Id. (citing Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004)). ―Accordingly, ‗if the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.‘‖ Acosta v. Ashcroft, 341 F.3d 218, 222 (3d Cir. 2003) (quoting Chevron, 467 U.S. at 842-43 ). ―On the other hand, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency‘s answer is based on a permissible construction of the statute.‖ Id. (int…
cited Cited as authority (rule) Castillo v. Attorney General of the United States
3rd Cir. · 2011 · confidence medium
Inc. v. NRDC, 467 U.S. 837, 844 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984).” Id. (citing Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004)).
cited Cited as authority (rule) Mei Yan Chen v. Attorney General USA
3rd Cir. · 2010 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004). 4 .
discussed Cited as authority (rule) En Hui Huang v. Attorney General of the United States
3rd Cir. · 2010 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004); see also Auer v. Robbins, 519 U.S. 452, 461 , 117 S.Ct. 905 , 137 L.Ed.2d 79 (1997) (holding that an agency’s interpretation of its own regulations is “controlling unless plainly erroneous or inconsistent with the regulation” (citation and quotation marks excluded)).
discussed Cited as authority (rule) Joseph v. Attorney General of the United States
unknown court · 2010 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004) (quoting 8 U.S.C. § 1252 (b)(4)(B)). .As a native of Haiti, Joseph may be able to remain in the United States despite the final order of removal if he applies for the temporary protected status made available after the earthquake earlier this year.
discussed Cited as authority (rule) Jean Joseph v. Atty Gen USA
3rd Cir. · 2010 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004) (quoting 8 U.S.C. § 1252 (b)(4)(B)). 6 As a native of Haiti, Joseph may be able to remain in the United States despite the final order of removal if he applies for the temporary protected status made available after the earthquake earlier this year.
cited Cited as authority (rule) Cubides Gomez v. Attorney General of the United States
3rd Cir. · 2010 · confidence medium
We review the BIA’s legal determinations de novo, “subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004) (citations omitted).
cited Cited as authority (rule) Juarez-Gonzalez v. Attorney General United States
3rd Cir. · 2010 · confidence medium
Our review of legal determinations is de novo, “subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004) (citing Chevron v. Nat.
discussed Cited as authority (rule) Hillagong Elizabeth v. Atty Gen USA
3rd Cir. · 2010 · confidence medium
“We review the BIA’s legal determinations de novo, subject to established principles of deference, but defer to the BIA’s factual findings unless ‘any reasonable adjudicator would be compelled to conclude to the contrary.’” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir. 2004) (citation omitted, quoting 8 U.S.C. § 1252 (b)(4)(B)).
discussed Cited as authority (rule) Elizabeth v. Attorney General of the United States
3rd Cir. · 2010 · confidence medium
“We review the BIA’s legal determinations de novo, subject to established principles of deference, but defer to the BIA’s factual findings unless ‘any reasonable adjudicator would be compelled to conclude to the contrary.’ ” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004) (citation omitted, quoting 8 U.S.C. § 1252 (b)(4)(B)).
discussed Cited as authority (rule) Bobb v. Attorney General of the United States
3rd Cir. · 2010 · confidence medium
We review the BIA’s conclusions of law de novo, Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004), and “we owe no deference to the [administrative] interpretation of a state criminal statute.” Partyka, 417 F.3d at 411 (citing Knapik v. Ashcroft, 384 F.3d 84, 88 (3d Cir.2004)).
cited Cited as authority (rule) Subrata v. Attorney General of the United States
3rd Cir. · 2010 · confidence medium
Wang v. Ashcroft, 368 F.3d 347, 350 (3d Cir.2004).
discussed Cited as authority (rule) Urquia-Rodriguez v. Attorney General of the United States
3rd Cir. · 2010 · confidence medium
Council, 467 U.S. 837, 844 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984), but defer to the BIA’s factual findings unless “any reasonable adjudicator would be compelled to conclude to the contrary,” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004) (quoting 8 U.S.C. § 1252 (b)(4)(B)).
discussed Cited as authority (rule) Urquia-Rodriguez v. Attorney General of the United States
3rd Cir. · 2010 · confidence medium
Council, 467 U.S. 837, 844 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984), but defer to the BIA’s factual findings unless “any reasonable adjudicator would be compelled to conclude to the contrary,” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004) (quoting 8 U.S.C. § 1252 (b)(4)(B)).
Retrieving the full opinion text from the archive…
Nen Ying WANG, Petitioner
v.
John ASHCROFT, Attorney General of the United States; James Ziglar, Commissioner, U.S. Immigration and Naturalization Service, Respondents
03-3057.
Court of Appeals for the Third Circuit.
May 19, 2004.
368 F.3d 347
2004 U.S. App. LEXIS 9820
2004 WL 1119252
Joseph C. Hohenstein, Philadelphia, PA, for Petitioner., Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, Office of Immigration Litigation, M. Jocelyn Lopez Wright, Senior Litigation Counsel, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for Respondent.
Sloviter, Fuentes, Becker.
Cited by 179 opinions  |  Published
SLOVITER, Circuit Judge.

Petitioner Nen Ying Wang, a citizen of China, seeks review of the order of the Board of Immigration (BIA) vacating the decision of the Immigration Judge (IJ) that had granted Wang’s application for withholding of removal under the Convention Against Torture (CAT) and section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998, Pub.L. No. 105-277, 112 Stat. 2681, 2681-822 (1998) (FARRA). Wang contends that the BIA violated FARRA’s implementing regulations when it undertook de novo review of his case, rather than reviewing it for clear error, and failed to defer to the I J’s factual determination that Wang was more likely than not to face torture if returned to China. Wang seeks reversal of the BIA’s decision or a remand to the BIA with instructions regarding the proper standard of review. For the reasons set forth below, we will deny the Petition for Review.

I.

Wang came to the United States in 2000 at the age of sixteen without a valid visa or entry documents. The Immigration and Naturalization Service (INS) immediately detained him at Kennedy Airport upon arrival because he presented a passport that was not lawfully issued to him. The INS commenced removal proceedings and placed him in a juvenile detention center. Although Wang conceded removability in accordance with 8 C.F.R. section 1208.16(c)(2) (2004), Wang sought protection under the CAT on the ground that it was “more likely than not” that he would be tortured by the Chinese government if removed to China because he left China illegally. On May 15, 2001, after an evi-dentiary hearing, the IJ granted Wang’s request for withholding of removal pursuant to the CAT. On June 16, 2003, the BIA vacated the IJ’s order and ordered Wang[*349] to be removed to China. Wang timely filed this Petition for Review.

II.

We have jurisdiction to review the BIA’s final order of removal under INA Section 242, 8 U.S.C. § 1252, and the BIA’s denial of Wang’s claim for CAT protection under FARRA §§ 2242(b), (d). We review the BIA’s legal determinations de novo, subject to established principles of deference, Chevron v. Nat. Res. Def. Council, 467 U.S. 837, 844, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984), but defer to the BIA’s factual findings unless “any reasonable adjudicator would be compelled to conclude to the contrary.” INA § 242(b)(4)(B), 8 U.S.C. § 1252(b)(4)(B).

Wang contends that the BIA committed error when it undertook a de novo review of the record because 8 C.F.R. section 1003.1(d)(3)(l) prohibits the BIA from engaging in a “de novo review of findings of fact determined by an immigration judge” and directs that the BIA shall only review the IJ’s findings for clear error. 8 C.F.R. § 1003.1(d)(3)(l). However, section 1003.1(d)(3)(l), on which Wang relies, does not apply to “appeals filed before September 25, 2002.” 67 Fed.Reg. at 54,-905 (codified at 8 C.F.R. § 1003.3(f)). Because the INS filed its appeal with the BIA on May 17, 2001, more than one year before the September 25, 2002 deadline, section 1003.1(d)(3)(l) is inapplicable in this case. The BIA thus did not err in conducting a de novo review.

Wang argues in the alternative that we should eschew the traditional substantial-evidence standard, bypass the BIA’s decision, and review the IJ’s decision. Wang urges us to do so on the grounds that the BIA allegedly misapprehended the proper burdens of proof and that its review of the record was “inadequate and cursory” as compared to the IJ’s more “extensive and well-reasoned” decision in his favor. Pet’r. Reply Br. at 1-2 n.l. As to the burdens of proof, Wang argues that the BIA did not inquire whether Wang was “more likely than not” to face torture if returned to China as required under 8 C.F.R. § 1208.16(c)(2), but instead employed a more stringent standard of proof that required proof that Wang personally would have “fall[en] into a category of immigrants” who would be imprisoned and/or tortured. A.R. at 3. Wang contends that because there is more than a fifty percent chance that he would be detained and tortured upon returning to China, withholding of removal is mandatory under the CAT.

At the outset, we reject Wang’s contention that the BIA misapplied the proper burdens of proof. Not once, but twice, the BIA stated that Wang bore the burden of “establishing that he will ‘more likely than not’ be tortured” upon his return to China. A.R. at 2 (quoting 8 C.F.R. § 208.16(c)(2)). As to the comparative “strength” of the IJ’s decision against the BIA’s decision, the fact that the IJ issued a lengthier oral decision than the BIA’s written decision does not without more provide this court a basis to ignore the BIA’s decision and review the IJ’s decision. Because the BIA did not commit an error of law, we review the BIA’s decision and its de novo factfinding rather than the IJ’s decision and its factfinding.

In reviewing the merits of the BIA’s decision, we note that the standard for invocation of the CAT is more stringent than the standard for granting asylum. The regulations define “torture” as:

[A]ny act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or her or a third person information or a con[*350] fession, punishing him or her for an act he or she or a third person has committed or is suspected of having committed, or intimidating or coercing him or her or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is 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). We will sustain the BIA’s decision if substantial evidence in the record supports its decision. Zubeda v. Ashcroft, 333 F.3d 463, 471 (3d Cir.2003).

The BIA relied on four sources of information in reaching its conclusion that Wang had not proven that he was more likely than not to face torture upon his return to China. First, the State Department’s 2000 Country Report on Chinese Human Rights Practices noted that some prisoners within specifically identified groups, such as political dissidents, protestors, Falun Gong supporters, female migrant workers, Tibetans and other national minorities, were subjected to torture. Second, the State Department’s 1998 China Profile of Asylum Claims and Country Conditions reported that returning illegal immigrants were generally fined between $600 and $6,000 and many of these persons are subjected to lengthy detention or “reeducation,” but made no reference to torture. Third, an excerpt of Ko-Lin Chin’s 1999 book, Smuggled Chinese, which was submitted by Wang, stated that second-time illegal immigrants may be sentenced to a one year prison sentence in an executive or administrative prison. See also A.R. at 221 (2000 State Department Country Report). Lastly, the Canadian Embassy’s Canadian Refugee Board Report recounted interviews with returning illegal immigrants to Changle, Fujian Province, where Wang would be returned, in which the immigrants stated that they had only been detained two days and the Canadian officials concluded that the “[m]uch touted policies of prison sentences and extensive reeducation programs are apparently mostly not implemented” in the Fujian Province. A.R. at 369.

Wang argues that he proved that he was more likely than not to face torture based on the 1998 and 2000 State Department Reports regarding China’s general violation of the human rights of its prisoners and its specific policy of forcing returning illegal immigrants to pay fines from $600 to $6,000 and/or face detention. The requirement to pay a fine does not fit within the definition of “torture.” Although Wang also states that returning illegal immigrants without the means to pay excessive fines are sometimes detained and tortured, he has not submitted any evidence in support of that contention. Critically, Wang has failed to explain why he expects that he would be more likely than not to fall within the categories of prisoners identified by the State Department who would be subjected to torture.

Wang argues that the 2000 Report provides a non-exhaustive list of persons who might be tortured and should not be read as an exclusive list. However, he fails to provide any objective evidence why he, as a first-time illegal immigrant, would be more likely than not to be treated similarly. Although the BIA noted that the 2000 Report stated that returning illegal immigrants may face fines and that second-time illegal immigrants or political dissidents may face re-education or labor camps, Wang has provided no evidence — as is his burden of proof — to establish that he personally would be more likely than not to be tortured upon return.

Wang suggests that the BIA should have assumed first-time returning emigrants should have been included within[*351] the list of groups likely to be tortured because of the difficulty of monitoring human rights violations in China. Such an assumption would provide automatic CAT protection to all persons returned to China. While we certainly do not intend to suggest our approval of a practice in China of subjecting returning emigrants to prosecution and subsequent punishment, if existent, we are not in a position to express a view on this matter. Lacking a congressional directive to grant the CAT claims from all Chinese immigrants who allege the possibility of detention or imprisonment upon their removal to China, there is no reason for the BIA or this court to adopt such a rule.

In addition, Petitioner takes issue with the BIA’s reliance on the Canadian Embassy’s Canadian Refugee Board Report, in which Canadian officials concluded that the “[m]ueh touted policies of prison sentences and extensive reeducation programs are apparently mostly not implemented” in the Fujian Province. A.R. at 369. Wang contends that this report was unreliable because the Chinese government approved the interviews and likely manipulated the information to which the researchers were given access. Although the BIA’s reliance on this state-sanctioned report may be questionable, we find that the BIA’s decision is sufficiently substantiated by the 1998 and 2000 State Department Reports and therefore need not address the reliability of the Canadian Report.

III.

We conclude that the record evidence substantially supports the BIA’s judgment and thus we will deny the Petition for Review.