RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 18a0271p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT GULNARA GAFUROVA, ┐ Petitioner, │ │ > No. 17-3712 v. │ │ │ MATTHEW G. WHITAKER, Acting Attorney General, │ Respondent. │ ┘ On Petition for Review from the Board of Immigration Appeals; No. A 098-415-313. Decided and Filed: December 18, 2018 Before: GILMAN, KETHLEDGE, and BUSH, Circuit Judges. _________________ COUNSEL ON BRIEF: George P. Mann, Maris J. Liss, GEORGE P. MANN AND ASSOCIATES, Farmington Hills, Michigan, for Petitioner. Rachel L. Browning, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. _________________ OPINION _________________ JOHN K. BUSH, Circuit Judge. Gulnara Gafurova petitions for review of the order of the Board of Immigration Appeals (“Board” or “BIA”) denying her motion to reopen her removal proceeding. At issue are the Board’s determinations (1) that Gafurova did not present new evidence of changed country conditions in Uzbekistan; (2) that Yousif v. Lynch, 796 F.3d 622 (6th Cir. 2015), is not analogous to this case; (3) that because Gafurova did not seek to place under seal an opinion from the United States Court of Appeals for the Second Circuit affirming No. 17-3712 Gafurova v. Whitaker Page 2 the denial of her asylum application, she may not use the publication of that opinion as a reason for reopening her removal proceeding; and (4) that Gafurova’s present motion to reopen her removal proceeding would be decided by one member, as opposed to a three-member panel, of the Board. Because the Board applied the proper legal standards, substantial evidence supports its findings of fact, and the Board adhered to its relevant procedural rules in determining that a single member would decide the motion to reopen the removal proceeding, we DENY the petition for review. I. Gafurova is a native of the former Soviet Union and a citizen of Uzbekistan. She entered the United States on June 24, 2003, as a nonimmigrant visitor with authorization to remain for a temporary period, until December 21, 2003. She remained in the United States without authorization and filed an application for Asylum and Withholding of Removal on June 14, 2004. Three months later, the Department of Homeland Security commenced removal proceedings against Gafurova, and during those proceedings, she conceded the charge of removability. On May 4, 2005, the Immigration Judge denied Gafurova’s asylum application and ordered her removal to Uzbekistan. Gafurova appealed that decision to the Board, which remanded the case to the Immigration Judge on January 12, 2007. On remand, the Immigration Judge again denied Gafurova’s asylum application and determined that it was frivolous. Gafurova appealed the Immigration Judge’s decision, and on October 26, 2010, the Board denied Gafurova’s appeal but reversed the Immigration Judge’s frivolity determination. Gafurova subsequently filed a petition with the Second Circuit to review the Board’s decision dated October 26, 2010. The Second Circuit denied that petition. See Gafurova v. Holder, 448 F. App’x 139, 140–41 (2d Cir. 2011). On January 21, 2011, Gafurova ...
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