Sri Endang v. Eric H. Holder Jr.

MEMORANDUM

Sri Endang and Herman Suhendra, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) orders upholding an immigration judge’s denial of their claims for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence factual findings. Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008). We deny the petition for review.

We lack jurisdiction to consider En-dang’s claim for humanitarian relief because she did not raise this issue to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (no jurisdiction over claims not presented below). She does not otherwise challenge the agency’s denial of asylum.

With respect to Endang, substantial evidence supports the agency’s determination that she was not credible given her inconsistent statements regarding whether she was raped. See Pal v. INS, 204 F.3d 935, 938 (9th Cir.2000). Endang’s contention that the agency failed to provide an opportunity to explain perceived inconsistencies in her testimony about the alleged rape is belied…