NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 17-2486 ____________ GIDEON ONCHIRI GEKARA, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent __________________________________ On a Petition For Review of an Order of the Board of Immigration Appeals (Agency No. A207-085-128) Immigration Judge: Kuyomars Q. Golparvar __________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) December 22, 2017 Before: GREENAWAY, JR., GREENBERG and ROTH, Circuit Judges (Opinion filed: September 19, 2018) ____________ OPINION* ____________ PER CURIAM *This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Gideon Onchiri Gekara (“Gekara”) petitions for review of the Board of Immigration Appeals’ decision denying his motion to reopen removal proceedings. For the reasons that follow, we will deny the petition for review. Gekara, a native and citizen of Kenya, was admitted to the United States on or about August 4, 2006, as a nonimmigrant with an F-1 student visa. He did not comply with the terms of his visa and his status thus was terminated. On March 10, 2016, the Department of Homeland Security initiated removal proceedings, charging Gekara, pursuant to 8 U.S.C. § 1227(a)(1)(C)(i), for failure to maintain or comply with the conditions of his nonimmigrant status. Gekara conceded the charge and applied for asylum, withholding of removal, and protection under the Convention Against Torture. In his application, Gekara stated that he had been and would be harmed in Kenya on account of his political opinion and ethnicity. Gekara specifically feared harm because of his involvement in the Orange Democratic Party (“ODP”) and because his family, members of the Kisii ethnic group, owned land in a Kalenjin-controlled area. He claimed that, around the time of the 2007 and 2008 election, his parents received threatening letters from Kalenjins and then Kalenjins evicted them from their land. They were never given their land back or compensated and now live in a displaced persons camp in Kisii territory. In addition, his uncle was beaten by members of the Kalenjin community during the post-election violence and subsequently died of injuries sustained during that beating. His cousin also was killed by members of the Kalenjin community during the post-election violence. 2 The Immigration Judge denied relief, determining that Gekara was statutorily ineligible for asylum because he did not file his application within one year of his arrival in the United States; that he did not meet his burden of proof to show that he had suffered persecution in the past in Kenya because the violence directed toward his parents, uncle, and cousin was unrelated to him; and that he also did not meet his burden to prove that it was more likely than not that he would be persecuted in the future on account of his Kisii ethnicity or political opinion. The IJ denied Gekara’s application for protection under the CAT for insufficient proof. The Board of Immigration Appeals dismissed Gekara’s appeal on January 23, 2017, agreeing with the IJ that he ...
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