Lavrenov v. Barr


FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT March 4, 2020 _________________________________ Christopher M. Wolpert Clerk of Court IGOR LAVRENOV, a/k/a Igor Vladislavovich Lavrenov, Petitioner, v. No. 19-9535 (Petition for Review) WILLIAM P. BARR, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT * _________________________________ Before HOLMES, PHILLIPS, and CARSON, Circuit Judges. _________________________________ Igor Lavrenov, a native and citizen of Russia, seeks review of a decision by the Board of Immigration Appeals (BIA) that dismissed Lavrenov’s appeal from a removal order entered by an Immigration Judge (IJ). Exercising jurisdiction under 8 U.S.C. § 1252, we deny review. * After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. I. Background Lavrenov seeks asylum in the United States for the third time. United States Citizenship and Immigration Services denied his first application in 2009 because it deemed him not credible. Lavrenov applied again in 2017, but that application was never adjudicated. Lavrenov filed the operative application defensively in 2018, seeking asylum, withholding of removal, and relief under the United Nations Convention Against Torture (CAT). In connection with his 2018 application, Lavrenov asserted that in 2015 men dressed in black military-style uniforms broke into his apartment, attacked him and his family, kidnapped him, further beat him at an unknown location, and deposited him at the entrance to a hospital. He claimed the attack resulted from his work investigating corruption as an unpaid assistant to a local elected official and that the FSB, Russia’s federal security service, must have been behind the attack in part because ordinary citizens in Russia cannot purchase the black military-style uniforms worn by his attackers. He further speculated that despite reports the local official died of a stroke, government operatives in Moscow directed the official’s assassination. The IJ observed strong similarities between this story and the one Lavrenov told in his 2009 application, except that in his 2009 application Lavrenov claimed that the Russian mafia sponsored the attack. And, as recounted by the BIA: [T]he [IJ] noted the following material and significant inconsistencies: 1) [Lavrenov] testified that the Russian mafia took over his company, although he recanted this assertion when confronted with his contrary 2 statement in his 2009 asylum application and claimed that he was able to regain ownership; 2) he returned to Russia after visiting the United States even though he claimed to have experienced a violent abduction in 2009 in Russia and he testified that his reason for returning was to reclaim his business, although he indicated in his ...

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