Sattorjon Barotov v. U.S. Attorney General

USCA11 Case: 22-12244 Document: 21-1 Date Filed: 05/23/2023 Page: 1 of 7 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-12244 Non-Argument Calendar ____________________ SATTORJON BAROTOV, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A209-389-829 ____________________ USCA11 Case: 22-12244 Document: 21-1 Date Filed: 05/23/2023 Page: 2 of 7 2 Opinion of the Court 22-12244 Before JORDAN, GRANT, and BLACK, Circuit Judges. PER CURIAM: Sattorjon Barotov, a native and citizen of Uzbekistan, seeks review of a decision of the Board of Immigration Appeals (BIA) denying his motion for reconsideration of its previous final order of removal. The Government, in turn, moves for summary dispo- sition, asserting we should dismiss his petition in part and deny it in part. I. BACKGROUND Barotov applied for admission to the United States in 2016. The Department of Homeland Security (DHS) later issued him a notice to appear, charging him with being removable under 8 U.S.C. § 1181(a). Barotov, proceeding pro se, then applied for asylum and withholding of removal, and relief under the United Nations Convention Against Torture or Other Forms of Cruel, In- human, or Degrading Treatment or Punishment, (CAT), 8 C.F.R. § 1208.16(c). An Immigration Judge (IJ) denied his applications af- ter a hearing, however, finding he did not suffer past persecution and did not have a well-founded fear of future persecution based on his ethnicity or political opinion. Barotov administratively appealed that decision, but the BIA dismissed his appeal in 2021. Barotov did not seek judicial review of that decision. Instead, Barotov later filed a motion for reconsid- eration with the BIA. In support, he requested the BIA reconsider USCA11 Case: 22-12244 Document: 21-1 Date Filed: 05/23/2023 Page: 3 of 7 22-12244 Opinion of the Court 3 the dismissal of his appeal, grant him relief, or remand the case to the IJ for further proceedings. In 2022, the BIA denied Barotov’s motion for reconsidera- tion in a second written opinion. The BIA found Barotov had merely raised the same or similar arguments he raised in his prior brief on appeal, which it had found unpersuasive during the initial appeal. Accordingly, it found Barotov had not identified a basis for reconsideration. It also concluded its prior opinion had fully con- sidered Barotov’s arguments and correctly concluded he was not eligible for the relief he sought. It found Barotov had not argued or demonstrated a review of his appeal by a three-member panel of the BIA was appropriate. It also noted it had found Barotov’s CAT claim waived in his initial appeal, and Barotov had not argued it had erroneously considered that issue to have been waived, so the CAT claim was not before it. Barotov timely filed a petition for review of the BIA’s June 2022 order. In his petition for review, Barotov asserts the BIA erred in finding, in connection with his original proceeding, that he did not suffer past persecution …

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