NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FILED
FOR THE NINTH CIRCUIT
JUN 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
JEFF KIMANI WAIKAO, No. 13-72642
Petitioner, Agency No. A089-703-276
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2017**
Seattle, Washington
Before: BYBEE, M. SMITH, and CHRISTEN, Circuit Judges.
Jeff Kimani Waikao, a native and citizen of Kenya, petitions for review of a
final order of removal from the Board of Immigration Appeals (BIA). The BIA
dismissed Waikao’s appeal of an immigration judge’s (IJ) order denying his
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
applications for asylum, withholding of removal, and relief under the Convention
Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252, and we deny
the petition.
The BIA provided specific, cogent reasons for its adverse credibility finding
by relying on the numerous inconsistencies between Waikao’s declaration and his
testimony. See Lai v. Holder, 773 F.3d 966, 970 (9th Cir. 2014). Waikao has not
shown “that the record compels a different interpretation [of his testimony],” and
this “is fatal to [his] challenge to the adverse credibility determination.” Garcia v.
Holder, 749 F.3d 785, 790–91 (9th Cir. 2014). Even if we credited Waikao’s
testimony, substantial evidence supports the BIA’s determination that Waikao is
ineligible for the relief he seeks. The unfulfilled threats Waikao alleges do not rise
to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.
2003) (unfulfilled threats that ethnic Albanian would be harmed or killed unless he
left Serbia constituted “harassment rather than persecution”). Nor has Waikao
shown a well-founded fear of future persecution. See Mgoian v. INS, 184 F.3d
1029, 1035 n.4 (9th Cir. 1999). Waikao did not establish that it is more likely than
not that he would be subject to persecution or torture if returned to Kenya. See
Wakkary v. Holder, 558 F.3d 1049, 1060, 1068 (9th Cir. 2009).
PETITION DENIED.
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