Grace Kiruki v. Eric Holder, Jr.

MEMORANDUM

Grace Cirindi Kiruki, 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 protection 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, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The BIA found Kiruki not credible because her testimony and declaration were inconsistent with her son’s letter regarding what happened to the son when he was attacked in 2005, and based on an omission from her declaration and direct testimony that Kenyan police arrested her twice. Substantial evidence supports the BIA’s adverse credibility determination. See id. at 1048 (adverse credibility determination was reasonable under the REAL ID Act’s totality of the circumstances standard); see also Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir.2011)…