Khozhaynova v. Holder, Jr., No. 09-4237 (6th Cir. 2011)
Annotate this CaseMother, a native of Russia, first entered the U.S. in 1999 to seek a doctor for her son and left without seeking asylum. Mother and son returned and overstayed their visitors' visas. When the Department of Homeland Security initiated removal, they sought asylum based on fear of persecution for their political belief in a fee economy and refusal to make mafia payments. An immigration judge denied withholding of removal and the BIA affirmed. The Sixth Circuit dismissed appeal of the petition for asylum for lack of jurisdiction. The immigration judge correctly found the petition untimely, based on a factual finding that nothing prevented petitioner from applying within a year of entering the country. Affirming denial of withholding removal, the court stated that the petitioner did not establish that she would more likely than not suffer persecution if returned to Russia. The court noted several inconsistencies in her claims.
This opinion or order relates to an opinion or order originally issued on April 20, 2011.
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