Maitamei

MEMORANDUM *

Christine Wairimu Maitamei, a native and citizen of Kenya, seeks review of the Board of Immigration Appeals’ (“BIA”) dismissal of her appeal of the Immigration Judge’s (“LJ”) denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

This court reviews questions of law de novo, see Kankamalage v. INS, 335 F.3d 858, 861-62 (9th Cir.2003), and reviews factual findings for substantial evidence, see Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). Where it is unclear whether the BIA conducted a de novo review, as with its review of the asylum claim in the present case, this court may “look to the IJ’s oral decision as a guide to what lay behind the BIA’s conclusion.” Avetova-Elisseva v. INS, 213 F.3d 1192, 1197 (9th Cir.2000). Where the BIA cites its decision in Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994), as the BIA does here in its discussion of the withholding of removal and CAT claims, the BIA has conducted an independent review of the record and determined that its conclusions are the same as those of the IJ, so we review the IJ’s decision “as if it were that of the BIA.” Abebe v. Gonzales, 432…