Kolov v. Garland, No. 22-3760 (6th Cir. 2023)
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In 1999, Kolov sought asylum and related protections. Kolov was removed to Bulgaria in 2012. In 2014, Kolov reentered the U.S. His prior removal order was reinstated. In an interview, Kolov indicated that he was a member of the “Roma” ethnic group and had been subjected to harassment, abuse, and physical violence in Bulgaria; the police were not interested in protecting the Roma. The asylum officer referred his case for withholding-only proceedings. Before his hearing, Kolov submitted a Form I-589, assisted by counsel, listing the same incidents that he described in his interview. At his 2019 hearing, Kolov was represented by counsel and testified in English. He recounted a 2012 incident for the first time. Kolov’s wife testified that she noticed that Kolov had bruises on several occasions during video calls when he was in Bulgaria. Kolov also submitted statements from family and friends, news articles, and country condition materials.
The IJ denied Kolov’s application for relief, finding Kolov not credible regarding the alleged incidents of persecution; Kolov’s explanation for the omissions, that he was nervous and under stress, was “not credible.” The IJ concluded that Kolov failed to show government acquiescence to torture. The BIA found that Kolov’s omissions were substantially related to his claim and rendered him not credible. The Sixth Circuit denied a petition for review. The BIA’s decision contains no legal error.
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