Eunah Kingori v. Eric Holder, Jr.

MEMORANDUM

Eunah Mumbi Kingori, a native and citizen of Kenya, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008), and we deny in part and dismiss in part the petition for review.

We lack jurisdiction to consider Kingo-ri’s claim that she is a member of a social group of “persons who were persecuted by the Mungiki” because Kingori did not raise this claim to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004) (this court lacks jurisdiction to review contentions not raised before the BIA).

The record does not compel the conclusion that Kingori suffered problems on account of her actual or imputed political opinion. See Santos-Lemus, 542 F.3d at 747 (evidence supported conclusion that gang victimized the petitioner for economic and personal reasons rather than on account of a protected ground);…