Njuguna

Njuguna v. Holder

Good Law
322 F. App'x 500
United States Court of Appeals for the Ninth CircuitApril 8, 2009No. 06-74556California313 words

Opinion

Lead Opinion

MEMORANDUM **

Margaret Mumbi Njuguna, 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination based on inconsistencies regarding the number of times Njuguna was raped. See id. at 1043 (inconsistencies which are “not minor” and which go to the heart of petitioner’s asylum claim will support an adverse credibility finding); see also Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004) (a negative credibility finding will be upheld so long as one of the identified grounds underlying the finding is supported by substantial evidence and goes to the heart of the asylum claim). Accordingly, Njuguna’s asylum claim fails.

Because Njuguna failed to establish eligibility for asylum, she necessarily failed to meet the more stringent…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.