Kingsley Dayo v. Eric Holder, Jr., 687 F.3d 653 (5th Cir. 2012). · Go Syfert
Kingsley Dayo v. Eric Holder, Jr., 687 F.3d 653 (5th Cir. 2012). Cases Citing This Book View Copy Cite
169 citation events (169 in the last 25 years) across 3 distinct courts.
Strongest positive: Singh v. Garland (ca5, 2021-07-26)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Singh v. Garland
5th Cir. · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
ecause the same lack of evidence means that cannot show he will be tortured, he is not entitled to relief under the cat
discussed Cited as authority (verbatim quote) Singh v. Wilkinson
5th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
ecause the same lack of evidence means that cannot show he will be tortured, he is not entitled to relief under the cat
discussed Cited as authority (verbatim quote) Alamin v. Wilkinson
5th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
ecause the same lack of evidence means that dayo cannot show he will be tortured, he is not entitled to relief under the cat.
discussed Cited as authority (verbatim quote) Singh v. Wilkinson
5th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the same lack of evidence means that dayo cannot show he will be tortured, he is not entitled to relief under the cat.
discussed Cited as authority (verbatim quote) Jose Cruz v. William Barr, U. S. Atty Gen
5th Cir. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
to qualify for asylum, an applicant must show he is a refugee by proving he suffered past persecution or has a well-founded fear of future persecution.
examined Cited as authority (verbatim quote) Limei Han v. William Barr, U. S. Atty Gen
5th Cir. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
dayo's only evidence that he suffered past persecution came from his own testimony, so if the bia's determination that he lacked credibility is supported, dayo does not have enough evidence to show past persecution.
discussed Cited as authority (quoted) Jose Cruz v. William Barr, U. S. Atty Gen
5th Cir. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence low
to qualify for asylum, an applicant must show he is a refugee by proving he suffered past persecution or has a well-founded fear of future persecution.
cited Cited as authority (rule) Ibrahim v. Blanche
5th Cir. · 2026 · confidence medium
See Arulnanthy v. Garland, 17 F.4th 586, 597 (5th Cir. 2021); Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012).
cited Cited as authority (rule) Matute-Vallecillo v. Blanche
5th Cir. · 2026 · confidence medium
See Avelar-Oliva v. Barr, 954 F.3d 757, 764, 767 (5th Cir. 2020); Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012).
discussed Cited as authority (rule) Montiel Rubio v. Bondi
5th Cir. · 2025 · confidence medium
Dayo v. Holder, 687 F.3d 653, 657 (5th Cir. 2012). “[A]sylum is not available to every victim of civil strife, but is restricted to those persecuted for particular reasons.” Majd, 446 F.3d at 595 (alteration in original) (quotations omitted).
discussed Cited as authority (rule) Castellan-Barrera v. Bondi
5th Cir. · 2025 · confidence medium
Although breach of confidentiality may be grounds for relief if the petitioner shows that his home country penalizes asylum seekers, see Dayo v. Holder, 687 F.3d 653, 656-58 (5th Cir. 2012), Castellanos-Barrera makes no such showing. 8 This claim is therefore unavailing. _____________________ 8 Castellanos-Barrera makes no allegation that the government of El Salvador is aware of the inadvertent disclosure or that it penalizes asylum seekers generally or would persecute him specifically as an unsuccessful asylum seeker.
cited Cited as authority (rule) Fuentes-Arriaga v. Bondi
5th Cir. · 2025 · confidence medium
See Arulnanthy, 17 F.4th at 597 (asylum claim); Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012) (withholding claim).
discussed Cited as authority (rule) Damas-Torres v. Garland
5th Cir. · 2024 · confidence medium
See Arulnanthy v. Garland, 17 F.4th 586, 597 (5th Cir. 2021) (asylum claim); Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012) (withholding claim); Efe v. Ashcroft, 293 F.3d 899, 907-08 (5th Cir. 2002) (CAT claim).
discussed Cited as authority (rule) Loredo Rangel v. Garland
5th Cir. · 2024 · confidence medium
“To qualify for asylum, an applicant must show [s]he is a refugee by proving [s]he suffered past persecution or has a well-founded fear of future persecution.” Dayo v. Holder, 687 F.3d 653, 657 (5th Cir. 2012) (citing 8 U.S.C. § 1101 (a)(42)).
discussed Cited as authority (rule) Cisneros-Saravia v. Garland
5th Cir. · 2023 · confidence medium
Under this court’s precedent, however, Cisneros-Saravia’s failure to meet the less stringent standard of proof required for asylum relief, renders her “necessarily also unable to establish an entitlement to withholding of removal.” Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012) (internal quotation marks and citation omitted); see Vazquez-Guerra, 7 F.4th at 271 (rejecting the argument that withholding has a “more relaxed standard” on the nexus issue).
cited Cited as authority (rule) Sanchez-Betancourt v. Garland
5th Cir. · 2023 · confidence medium
Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Sivalingam v. Garland
5th Cir. · 2022 · confidence medium
Moreover, to establish future persecution, Sivalingam needed to “demonstrat[e] a subjective fear of persecution that is also objectively reasonable.” Dayo v. Holder, 687 F.3d 653, 658 (5th Cir. 2012).
cited Cited as authority (rule) Tandong v. Garland
5th Cir. · 2022 · confidence medium
See Arulnanthy v. Garland, 17 F.4th 586, 596-97 (5th Cir. 2021); Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012).
discussed Cited as authority (rule) Gutierrez-De Diaz v. Garland
5th Cir. · 2022 · confidence medium
See Arulnanthy v. Garland, 17 F.4th 586, 596-97 (5th Cir. 2021); Dayo v. Holder, 687 F.3d 653, 658-59 (5th 2 Case: 21-60291 Document: 00516419686 Page: 3 Date Filed: 08/04/2022 No. 21-60291 Cir. 2012).
discussed Cited as authority (rule) Md Siddick v. Garland
5th Cir. · 2022 · confidence medium
The adverse credibility finding is dispositive of his withholding of removal claim, see Arulnanthy v. Garland, 17 F.4th 586, 597 (5th Cir. 2021); Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012), and we need not reach its substance, see INS v. Bagamasbad, 429 U.S. 24, 25 (1976).
discussed Cited as authority (rule) Armijo-Borjas v. Garland
5th Cir. · 2022 · confidence medium
Because “[w]ithholding of removal is a higher standard than asylum,” Efe v. Ashcroft, 293 F.3d 899, 906 (5th Cir. 2002), and also requires a showing of persecution on account of a protected ground, see id., her failure to establish eligibility for asylum necessarily defeats her claim for 2 Case: 21-60783 Document: 00516347795 Page: 3 Date Filed: 06/07/2022 No. 21-60783 withholding of removal, see Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012).
cited Cited as authority (rule) Fortuny Diaz v. Garland
5th Cir. · 2022 · confidence medium
See Arulnanthy v. Garland, 17 F.4th 586, 593-97 (5th Cir. 2021); Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012).
discussed Cited as authority (rule) Valdez-De Martinez v. Garland
5th Cir. · 2022 · confidence medium
Because Valdez-De Martinez cannot meet the standard for asylum, she “is necessarily also unable to establish an entitlement to withholding of removal.” Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Ibarra-Avilez v. Garland
5th Cir. · 2022 · confidence medium
It follows a fortiori they do not constitute torture.”); Dayo v. Holder, 687 F.3d 653, 659 (5th Cir. 2012) (noting that lack of evidence in support of petitioner’s asylum and withholding of removal claims likewise barred CAT relief).
discussed Cited as authority (rule) Vasquez-Canas v. Garland
5th Cir. · 2022 · confidence medium
If the applicant fails to meet the less stringent standard of proof required for asylum relief, he or she “is necessarily also unable to establish an entitlement to withholding of removal.” Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012) (quoting Anim v. Mukasey, 535 F.3d 243, 253 (4th Cir. 2008)). 4 Case: 20-60771 Document: 00516154837 Page: 5 Date Filed: 01/05/2022 No. 20-60771 To be a member of a PSG, an alien must belong to “a group of persons that share a common immutable characteristic that they either cannot change or should not be required to change because it is ‘fundamen…
discussed Cited as authority (rule) Singh v. Garland
5th Cir. · 2022 · confidence medium
See Singh v. Sessions, 880 F.3d 220, 226 (5th Cir. 2018); Dayo v. Holder, 687 F.3d 653, 658 (5th Cir. 2012). 2 Case: 20-60425 Document: 00516153856 Page: 3 Date Filed: 01/04/2022 No. 20-60425 An alien may obtain protection under the CAT if he shows, inter alia, that he is more likely than not to be tortured if removed to the proposed country of removal.
discussed Cited as authority (rule) Arulnanthy v. Garland (2×) also: Cited "see"
5th Cir. · 2021 · confidence medium
First, the Government points to Dayo v. Holder, where we held that a lack of credible evidence “mean[t] that [the petitioner could not] show he will be tortured,” and therefore “he is not entitled to relief under the CAT.” 687 F.3d 653, 659 (5th Cir. 2012).
cited Cited as authority (rule) Musoko Tshidibi v. Garland
5th Cir. · 2021 · confidence medium
See Revencu v. Sessions, 895 F.3d 396, 401 (5th Cir. 2018); Dayo v. Holder, 687 F.3d 653, 659 (5th Cir. 2012).
discussed Cited as authority (rule) Guzman-Ayala v. Garland
5th Cir. · 2021 · confidence medium
We have long held that, “[b]ecause the level of proof required to establish eligibility for withholding of removal is higher than that required for asylum, failure to establish eligibility for asylum is dispositive of claims for withholding of removal.” Majd v. Gonzales, 446 F.3d 590, 595 (5th Cir. 2 Case: 20-60220 Document: 00515830101 Page: 3 Date Filed: 04/21/2021 No. 20-60220 2006); see Munoz-Granados v. Barr, 958 F.3d 402, 408 (5th Cir. 2020); Dayo v. Holder, 687 F.3d 653, 659 (5th Cir. 2012); Thuri v. Ashcroft, 380 F.3d 788, 793 (5th Cir. 2004).
discussed Cited as authority (rule) Triminio-Herrera v. Garland
5th Cir. · 2021 · confidence medium
Because Triminio-Herrera fails to establish her eligibility for asylum, she “is necessarily also unable to establish an entitlement to withholding of removal.” Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) NEGUSIE
BIA · 2020 · confidence medium
See 8 C.F.R. §§ 208.6 , 1208.6; Dayo v. Holder, 687 F.3d 653, 657 (5th Cir. 2012) (“[W]e join the Second and Fourth Circuits in concluding that although a breach of confidentiality caused by violating 8 C.F.R. § 208.6 does not always require vacating the order of removal, the applicant must be permitted to use the breach for a new claim for asylum, withholding of removal, and relief under the CAT.”).
cited Cited as authority (rule) Y-I-M
BIA · 2019 · confidence medium
See Hong Fei Gao v. Sessions, 891 F.3d 67 , 77–79 (2d Cir. 2018); Dayo v. Holder, 687 F.3d 653, 657 (5th Cir. 2012).
cited Cited as authority (rule) Hamis Chande v. William Barr, U. S. Atty Gen
5th Cir. · 2019 · confidence medium
See 8 C.F.R. § 1003.2 (c)(1); Dayo v. Holder, 687 F.3d 653, 658 (5th Cir. 2012).
cited Cited as authority (rule) Veronica Zamora-De Guevara v. Jefferson Ses
5th Cir. · 2018 · confidence medium
See Lopez-Gomez, 263 F.3d at 444 ; Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012).
discussed Cited as authority (rule) Ingrid Ruiz-Laju v. Jefferson Sessions, III
5th Cir. · 2018 · confidence medium
Because she “has failed to establish the less stringent ‘well-founded fear’ standard of proof for asylum relief,” Ruiz-Laju is “necessarily also unable to establish an entitlement to withholding of removal.” Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012) (internal quotation marks and citation omitted).
cited Cited as authority (rule) Zhe Zhang v. Jefferson Sessions, III
5th Cir. · 2018 · confidence medium
E.g., Dayo v. Holder, 687 F.3d 653, 657-59 (5th Cir. 2012); Chun v. INS, 40 F.3d 76, 78-79 (5th Cir. 1994).
cited Cited as authority (rule) Ahmed Ould Soufi v. Loretta Lynch
5th Cir. · 2016 · confidence medium
E.g., Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012).
discussed Cited as authority (rule) Ana Vasquez-De Lopez v. Loretta Lynch
5th Cir. · 2015 · confidence medium
“An applicant who has failed to establish the less stringent ‘well-founded fear’ standard of proof required for asylum relief is necessarily also unable to establish an entitlement to withholding of removal.” Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir.2012) (internal quotation marks and citation omitted). *295 Vasquez and her children claim they are entitled to asylum and withholding of removal because of past persecution by gangs based on their inclusion in particular social groups, specifically individuals who are forced to pay for their safety through extortion threats and young …
cited Cited as authority (rule) Seydi Areas-Rojas v. Loretta Lynch
5th Cir. · 2015 · confidence medium
Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir.2012).
cited Cited as authority (rule) Erick Nicolas-Morales v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir.2012).
discussed Cited as authority (rule) Jinyang Zhuang v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
“An applicant who has failed to establish the less stringent ‘well-founded fear’ standard of proof required for asylum relief is necessarily also unable to establish *293 an entitlement to withholding of removal.” Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir.2012) (quotation marks omitted).
discussed Cited "see" Bello v. Bondi
5th Cir. · 2026 · signal: see · confidence high
See Dayo v. Holder, 687 F.3d 653 , 658–59 (5th Cir. 2012) (holding “applicant who has failed to establish . . . less stringent . . . standard of proof required for asylum relief is necessarily also unable to establish an entitlement to withholding of removal”).
cited Cited "see" Santamaria-Bonilla v. Garland
5th Cir. · 2024 · signal: see · confidence high
See Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012) (internal quotation marks and citation omitted).
cited Cited "see" Singh v. Garland
5th Cir. · 2024 · signal: see · confidence high
See Dayo v. Holder, 687 F.3d 653 , 658–59 (5th Cir. 2012) (internal quotation marks and citation omitted).
cited Cited "see" Pahua Sanchez v. Garland
5th Cir. · 2023 · signal: see · confidence high
See Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012).
cited Cited "see" Carranza-Pineda v. Garland
5th Cir. · 2022 · signal: see · confidence high
See Dayo v. Holder, 687 F.3d 653, 657-58 (5th Cir. 2012).
cited Cited "see" Rivera-Flores v. Garland
5th Cir. · 2022 · signal: see · confidence high
See Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012).
cited Cited "see" Martinez-Montes v. Garland
5th Cir. · 2022 · signal: see · confidence high
See Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012).
cited Cited "see" Zavala-Salgado v. Garland
5th Cir. · 2022 · signal: see · confidence high
See Dayo v. Holder, 687 F.3d 653 , 658–59 (5th Cir. 2012).
cited Cited "see" Eyong v. Garland
5th Cir. · 2022 · signal: see · confidence high
See Dayo v. Holder, 687 F.3d 653, 658-59 (5th Cir. 2012); cf. Arulnanthy v. Garland, 17 F.4th 586, 591-92, 597-99 (5th Cir. 2021).
Retrieving the full opinion text from the archive…
Kingsley DAYO, Also Known as Kingsley Pedersoli, Also Known as Dayo Kingsley, Also Known as Kingsley Dayo Pedersoli, Also Known as Kingsley J. Dayo, Also Known as Darryl Lamont Gates, Petitioner,
v.
Eric H. HOLDER, Jr., U.S. Attorney General, Respondent
11-60524.
Court of Appeals for the Fifth Circuit.
Jul 12, 2012.
687 F.3d 653
Kingsley Dayo, Pearsall, TX, pro se., Jennifer Parker Levings, Sr. Lit. Counsel, Dana Michelle Camilleri, Tangerlia Cox, U.S. Dept, of Justice, OIL, Washington, DC, for Respondent.
Reavley, Smith, Prado.
Cited by 151 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Fifth Circuit (1)
JERRY E. SMITH, Circuit Judge:

Proceeding at all times pro se, Kingsley Dayo petitions this court to review the denial by the Board of Immigration Appeals (“BIA”) of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), based on the government’s violation of confidentiality in revealing to the Nigerian consulate that he had applied for asylum. This court has never addressed the proper relief for such a violation, but we now join the Second and Fourth Circuits in allowing the applicant a separate claim for relief based on the breach of confidentiality. Because the BIA considered this separate claim, and because its denial of relief on that ground is supported by substantial evidence, we deny the petition for review.

I.

Dayo is' a citizen and native of Nigeria who the Department of Homeland Security (“DHS”) claims arrived in the United States in November 2004 without being admitted or paroled after inspection. He appeared before an immigration judge (“IJ”) in October 2009 and denied the allegation, claiming he had arrived in 1995 on a J-l visa. DHS presented evidence that in 2004 Dayo had used a passport and New York birth certificate in the name of Darryl Lamont at Miami International Airport, but when his true identity was discovered, he was detained for an outstanding warrant for a New York weapons offense. With this evidence in the record and no evidence supporting Dayo’s claim to have entered legally under a J-l visa, the IJ found that the DHS’s allegation appeared correct and ordered Dayo’s removal.

Dayo applied for asylum, withholding of removal, and protection under the CAT. He claimed he left Nigeria because he was a member of the Movement for the Survival of the Ogoni People (“MOSOP”), which protests the Nigerian government’s policy of forcing Ogoni out of the land so oil companies can drill there. Dayo said his father was the deputy director of the group, and his' mother was a member. Before his parents fled, he was arrested and tortured to get a confession and to find out where the MOSOP members were located. He was released when MOSOP bribed the police, and he came to the United States. He also claims his mother was killed in 2003 when she returned to Nigeria. He had no documentary evidence to support his claims and no knowledge of his father’s location.

The IJ decided that Dayo had not proved his case for asylum: His testimony was not credible enough or detailed enough, and the application was untimely. For the same lack of evidence, the IJ denied relief under the CAT. The BIA affirmed that conclusion on appeal. Additionally, the BIA denied Dayo’s motion to reopen the case to admit affidavits executed by his friends about human rights in Nigeria, despite Dayo’s argument that his detention and lack of familiarity with United States’ laws prevented him from getting the evidence earlier.

Dayo petitioned this court for review. We noted that the IJ had held that Dayo’s asylum application was not timely, so we could not review it. We also decided that there was substantial evidence supporting the Id’s adverse credibility finding. Dayo v. Holder, 413 Fed.Appx. 745, 745-46 (5th Cir.2011) (per curiam).

Dayo then raised, in the BIA a new argument for asylum based on a breach of[*656] confidentiality in violation of 8 C.F.R. § 208.6. Because this circuit has never addressed the issue of what relief is due for such a breach, the BIA followed the Second and Fourth Circuits and reopened the matter to allow the breach to be added as a new ground for asylum.

Dayo contends that DHS officer Leonard Davis gave the Nigerian Consulate a copy of Dayo’s asylum application when forwarding to the consulate the immigration paperwork needed to get Dayo a travel document. Dayo claims to know that because a Ms. Helen at the consulate told him so over the phone. Davis denied that he included a copy of the asylum application; he testified that he overheard the phone conversation between Dayo and Helen, and they did not discuss the application. Instead, DHS believes the Nigerian consulate learned about the application because Davis did not redact a footnote in the removal order that noted that Dayo’s application for asylum was untimely.

The IJ found Davis more credible. Dayo filed for asylum based on the breach of confidentiality. The IJ concluded that Dayo had failed to show past and future persecution because of his membership in MOSOP or that MOSOP members were persecuted now, and he did not establish that asylum-seekers were persecuted.

The BIA affirmed the IJ’s decision. First, it found Dayo’s claims of past persecution for MOSOP membership time-barred and his testimony not credible. Considering Dayo’s claim of future persecution, the BIA affirmed the finding that Dayo had not established a well-founded fear based on the confidentiality breach, because he had failed to show that asylum-seekers were persecuted. The BIA also agreed that the letters Dayo submitted allegedly from his grandfather in Nigeria and a Mr. Ese, who had been deported to Nigeria previously, did not provide enough objective evidence to support his claims that he would be persecuted. Ese’s letter contained merely bald accusations, his signature did not match between the two documents submitted, and Dayo’s grandfather’s letter saying the police were looking for Dayo did not claim it was because he had applied for asylum.

II.

Although this circuit has never addressed the appropriate relief for a violation of 8 C.F.R. § 208.6, [1] some of our sister circuits have. In Lin v. United States Department of Justice, 459 F.3d 255, 268 (2d Cir.2006), the court explained that a violation of the confidentiality protected by § 208.6 is not a mere procedural flaw but could subject the asylum-seeker and his family to additional risks. Still, the court determined that rather than automatically vacating the order of removal, the proper relief was to allow this new risk[*657] to serve as the basis for an independent claim of asylum or withholding of removal. Id. A similar analysis was used in Anim v. Mukasey, 535 F.3d 243, 253 (4th Cir. 2008), stressing the importance of confidentiality to ensure that information that could subject the applicant or his family to retaliation is not released. The court allowed the applicant to make a new claim for relief based on that confidentiality breach. Id.

Because some countries persecute persons who sought asylum after repatriation, an asylum-seeker whose confidentiality was violated needs to be able to seek relief if the country to which he is returning will so persecute him. Vacating automatically, however, is improper. Some countries will not persecute unsuccessful asylum-seekers, so the revelation of their failed asylum claim does not harm them. If the IJ and BIA did not feel there was any danger in sending an applicant back before the breach, and the breach does not create any new danger, there is no reason he should not still be removed. Therefore, we join the Second and Fourth Circuits in concluding that although a breach of confidentiality caused by violating 8 C.F.R. § 208.6 does not always require vacating the order of removal, the applicant must be permitted to use the breach for a new claim for asylum, withholding of removal, and relief under the CAT.

III.

Because the BIA correctly reopened the matter, we must determine whether, considering the violation of § 208.6 and in light of the evidence presented, denying Dayo relief was proper. To qualify for asylum, an applicant must show he is a refugee by proving he suffered past persecution or has a well-founded fear of future persecution. 8 U.S.C. § 1101(a)(42)(A). On petition for review, we will uphold the BIA’s decision as long as it is supported by substantial evidence. Gomez-Mejia v. INS, 56 F.3d 700, 702 (5th Cir.1995). The petitioner has the burden of demonstrating that the evidence was “so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” INS v. Elias-Zacarias, 502 U.S. 478, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992).

The BIA affirmed the IJ’s determination that Dayo was not credible. Dayo’s only evidence that he suffered past persecution came from his own testimony, so if the BIA’s determination that he lacked credibility is supported, Dayo does not have enough evidence to show past persecution. A court can rely on inconsistencies to make adverse credibility determinations if the totality of the circumstances shows the applicant is not credible. Wang v. Holder, 569 F.3d 531, 538 (5th Cir.2009).

Dayo made numerous inconsistent statements. He told an immigration official he was born in Benin City but later told Ms. Helen at the consulate that he did not know where he was from in Nigeria. His statement at Ryker’s Island also answered “no” to whether he feared persecution if he returned to Nigeria. Furthermore, he talked about being afraid to go to Nigeria because he was previously targeted there at a teenager, but he also sent letters to the Nigerian consulate asking not to be deported there because he had no family ties and had left at a young age. It was odd he would be so afraid of Nigeria but would correspond with the consulate through letters in matters even beyond just his proceedings in court, expressing independent reasons not to be sent back and drawing additional attention to himself. Moreover, in a letter to the Governor of New York asking for a par[*658] don, he claimed he helped raise his siblings but testified here that he was an only child.

Finally, the documents Dayo submitted to support his story were found to be suspicious. The letters he tendered did not include envelopes to show they were mailed from Nigeria. Also, the signatures on Ese’s affidavit and letter are substantially different. The record contained substantial evidence showing Dayo lacked credibility. [2]

Having no evidence to support his claims of prior persecution, and with the IJ’s ruling that he was not credible supported by substantial evidence, Dayo needed to show a well-founded fear of future persecution by demonstrating a subjective fear of persecution that is also objectively reasonable. Lopez-Gomez v. Ashcroft, 263 F.3d 442, 445 (5th Cir.2001). None of the pieces of evidence submitted supports an argument that Nigeria persecutes those who seek asylum. Nigeria cooperated with the UN High Commissioner for Refugees and other organizations that help refugees and asylum seekers, suggesting the country does not persecute those seeking asylum.

Furthermore, Dayo lacked supporting evidence, because the letters he submitted were not trustworthy. He could not prove that the letter about police looking for him came from his grandfather in Nigeria, and although Dayo testified that before 2010, the police had last visited his grandfather in 2008, the letter said the last visit from police was in 1998. Additionally, although Ese said that after the United States sent him back, the Nigerian Government asked whether he had sought asylum, he provides no evidence that he would have suffered if he had said he had done so. Ese’s concerns about repercussions are unsubstantiated, and he does not say harm befell any other failed asylum-seekers. Finally, the Amnesty Report that Dayo relies on makes no mention of any governmental abuse faced by failed asylum-seekers. Substantial evidence supports the BIA’s determination that Dayo failed to show a well-founded fear of persecution.

Overall, the BIA’s decision that Dayo was not entitled to asylum because he could not provide credible evidence of a well-founded fear of future persecution is supported by substantial evidence. Because Dayo could not meet this burden, the BIA was also correct in concluding he could not meet the higher burden required for withholding of removal. [3] An applicant “who has failed to establish the less stringent ‘well-founded fear’ standard of proof[*659] required for asylum relief is necessarily also unable to establish an entitlement to withholding of removal.” Anim, 535 F.3d at 253. Finally, because the same lack of evidence means that Dayo cannot show he will be tortured, he is not entitled to relief under the CAT.

The petition for review of the BIA’s decision denying Dayo’s application for asylum, withholding of removal, and relief under the CAT is DENIED. [4]

1

. Section 208.6 provides in pertinent part:

(a) Information contained in or pertaining to any asylum application, records pertaining to any credible fear determination conducted pursuant to § 208.30, and records pertaining to any reasonable fear determination conducted pursuant to § 208.31, shall not be disclosed without the written consent of the applicant, except as permitted by this section or at the discretion of the Attorney General.
(b) The confidentiality of other records kept by the Service and Executive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or received a credible fear or reasonable fear review shall also be protected from disclosure. The Service will coordinate with the Department of State to ensure that the confidentiality of those records is maintained if they are transmitted to Department of State offices in other countries.
2

. Dayo is correct that contrary to the rest of the opinion, page 28 of the IJ’s decision appears to accept, as credible, Dayo’s assertions that he was a cameraman and protester for MOSOP and that he was arrested. The BIA, however, expressly affirmed the finding that Dayo was not credible, and it did not recognize or adopt the IJ's statement on page 28. We review only the BIA’s decision and the parts of the IJ’s decision that the BIA utilizes, Bouchikhi v. Holder, 676 F.3d 173, 176 (5th Cir.2012) ("We have authority to review only an order of the BIA, but our task is effectively to review the IJ’s decision when the BIA has explicitly adopted it.”), so the controlling determination is that the BIA expressly found that Dayo lacked credibility and so could not prove past persecution. Thus, because the reasoning the IJ gave for finding that Dayo lacked credibility was expressly adopted and affirmed by the BIA, that is the relevant reasoning on petition for review. Other portions of the IJ's opinion will not be considered.

3

. Withholding of removal for threats to an alien's life or freedom requires the applicant to establish that if he is sent back, there is a clear probability that his life or freedom would be threatened because of his race, religion, nationality, membership in a particular social group, or political opinion. Bouchikhi, 676 F.3d at 181.

4

. In this court, Dayo has moved for summary judgment and to expedite the appeal, arguing that the government’s brief was submitted late. We have already rejected a motion to strike the brief based on the same allegations.

' We deny these and any other outstanding motions.