Gulnara Gafurova v. Jefferson B. Sessions, III

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 17a0614n.06 Case No. 16-4688 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nov 08, 2017 GULNARA GAFUROVA, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE BOARD OF ) IMMIGRATION APPEALS JEFFERSON B. SESSIONS III, Attorney ) General, ) ) Respondent. BEFORE: CLAY, COOK, and WHITE, Circuit Judges. CLAY, Circuit Judge. Petitioner Gulnara Gafurova (“Gafurova”), a native of the former Soviet Union and a citizen of Uzbekistan, petitions for review of the decisions of the Board of Immigration Appeals (“BIA”) and the immigration judge (“IJ”) denying her motion to change venue and barring her from filing a second asylum application. On appeal, Gafurova argues that the BIA and IJ erred when they found Gafurova had failed to show changed circumstances materially affecting her eligibility for asylum and when they denied her motion to change venue. She also argues that the BIA and IJ violated due process by failing to specify the burden of proof for establishing changed circumstances and that the IJ improperly prejudged or was biased against her. For the reasons set forth below, we DENY the petition. Case No. 16-4688 Gafurova v. Sessions BACKGROUND Gafurova is a native of the former Soviet Union and a citizen of Uzbekistan. She was admitted to the United States on June 24, 2003 as a non-immigrant visitor with authorization to remain in the U.S. until December 21, 2003. She remained in the U.S. beyond this date without authorization. On June 21, 2004, Gafurova filed an Application for Asylum and for Withholding of Removal with the U.S. Citizenship and Immigration Services (“USCIS”). USCIS referred her application to immigration court. On July 29, 2004, the Department of Homeland Security (“DHS”) issued a Notice to Appear (“NTA”) charging Gafurova with removability pursuant to § 237(a)(1)(B) of the Immigration and Nationality Act. On September 24, 2004, Gafurova appeared in immigration court and admitted the allegations in the NTA and conceded the charge of removability. Gafurova sought asylum, withholding of removal, and protection under the Convention Against Torture. She indicated that she would be relying on the same application she had previously filed with USCIS. On May 4, 2005, the IJ denied Gafurova’s application and ordered her removal. Gafurova filed an appeal with the BIA. On January 12, 2007, the BIA sustained the appeal and remanded her case to the IJ. On September 17, 2008, the IJ denied Gafurova’s application for asylum and withholding of removal and found the application frivolous. Gafurova filed an appeal. On October 26, 2010, the Board denied Gafurova’s appeal, but reversed the frivolous finding. On January 21, 2011, Gafurova filed a motion to reopen with the BIA to pursue an adjustment of status based on a pending I-130 visa petition filed on her behalf by her husband. On May 12, 2011, the BIA initially denied her motion because Gafurova had not submitted -2- Case No. 16-4688 Gafurova v. Sessions sufficient evidence that the marriage was ...

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