Catherine Ndungu v. Eric Holder, Jr.

MEMORANDUM

Petitioner Catherine Ndungu, a native and citizen of Kenya, petitions for review of a decision by the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s (IJ) denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA affirmed the IJ’s denial of Ndungu’s asylum claims primarily on an adverse credibility finding, and alternatively, because Ndungu failed to carry the requisite burden of proof in establishing her claims. We have jurisdiction under 8 U.S.C. § 1252 . We review the agency’s factual finding for substantial evidence and apply the “totality of the circumstances” standard governing adverse credibility determinations under the 2005 REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). Ndungu’s petition is denied.

The IJ found that Ndungu’s asylum application was time-barred. Because Ndungu did not raise the issue on appeal to the BIA, this issue is not renewable. Tijani v. Holder, 628 F.3d 1071, 1081 (9th Cir.2010), cert. denied, — U.S. -, 131 S.Ct. 2160 , 179 L.Ed.2d 943 (2011). The BIA based its adverse credibility determination on two main inconsistencies between her asylum…