Elias

Elias v. Holder

Good Law
336 F. App'x 663
United States Court of Appeals for the Ninth CircuitJune 22, 2009No. 05-72577California437 words

Opinion

Lead Opinion

MEMORANDUM *

Wincate Elias, a native and citizen of Kenya, petitions for review of the Board of Immigration Appeals’ (BIA) decision adopting and affirming the Immigration Judge’s (IJ) order denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Where, as here, the BIA adopts and affirms the decision of the IJ in its entirety, we review the IJ’s decision as if it were that of the BIA. See Abebe v. *664 Gonzales, 432 F.3d 1037, 1039 (9th Cir.2005) (en banc). We deny the petition for review.

The IJ’s finding that Elias failed to establish that the Kenyan police were unwilling or unable to control the Mungiki is supported by substantial evidence in the record, including Elias’ inconsistent and vague testimony with respect to why she did not report her alleged attack to the police, and public source documents which suggest that the Kenyan police are cracking down on the Mungiki. See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005) (noting that the burden is on the applicant to show that the government is unwilling or unable to control the nongovernmental persecutor). Elias did not “convincingly establish”…

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