Bolshakov v. Immigration & Naturalization Service

BRUNETTI, Circuit Judge:

Petitioners, Boris Vietorovich Bolshakov and Elena Alekseevna Litvinova’s, motion to reopen their case was denied by the Board of Immigration Appeals (BIA) because their new evidence was not material to asylum or withholding of deportation. They appealed that decision to this court and also make a second motion for reopening and remand to the BIA based upon possible eligibility for a change in status which is separate from the asylum appeal.

Petitioner, Bolshakov, is a Russian citizen who operated a shop in Moscow. Petitioner, Litvinova, was his assistant and is now his…