Gafurova v. Whitaker

Gafurova, a citizen of Uzbekistan, entered the U.S. in June 2003, as a visitor. She remained in the U.S. without authorization and applied for Asylum in June 2004. An IJ ordered her removal, characterizing Gafurova’s asylum application as frivolous. The BIA denied Gafurova’s appeal but reversed the frivolity determination. The Second Circuit denied her petition for review. Gafurova moved to reopen because of a pending visa petition filed on her behalf by her husband. On remand, the IJ denied Gafurova’s application for adjustment of status because she had previously filed a frivolous asylum application. The BIA again remanded. DHS then submitted evidence that Gafurova’s 2011 visa petition was revoked; she was not eligible to seek adjustment of status. Gafurova moved to change venue to New York for a second asylum application, arguing that she converted to Christianity and that she would be viewed as a traitor in Uzbekistan because information is publicly available that she sought asylum. An IJ denied Gafurova’s motion, found her barred from filing a second application, and ordered her removal. The BIA dismissed her appeal. While Gafurova’s Sixth Circuit petition was pending, she again moved to reopen, citing “changed circumstances” in Uzbekistan and new Sixth CIrcuit law pertaining to asylum applications based solely upon well-founded fear of future persecution. The BIA denied her motion, stating that the public disclosure of the Second Circuit decision did not violate asylum confidentiality. The Sixth Circuit denied her petition for review, finding that the BIA applied the correct standards and that its decision was supported by substantial evidence. View "Gafurova v. Whitaker" on Justia Law