Rosabelle Nguyai v. Eric Holder, Jr.

MEMORANDUM

Rosabelle Wanjiru Nguyai, a native and citizen of Kenya, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immi gration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). 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 have jurisdiction under 8 U.S.C. § 1252 . We deny the petition for review.

The record does not compel the conclusion Nguyai established extraordinary circumstances excusing her late filing. See 8 C.F.R. § 1208.4 (a)(5). Accordingly, we deny the petition as to her asylum claim.

Substantial evidence supports the agency’s adverse credibility finding based on inconsistencies between Nguyai’s testimony and asylum application regarding whether she went into hiding and moved around to avoid the Mungiki, see Pal v. INS, 204 F.3d 935, 939-40 (9th Cir.2000), and based on her failure to provide corroboration, see Sidhu v. INS, 220 F.3d 1085, 1090 (9th Cir.2000) (“if the trier of fact either does not believe the applicant or does not…