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BOLSHAKOV v. I.N.S.

No. 96-70615.

133 F.3d 1279 (1998)

Boris Victorovich BOLSHAKOV; Elena Alekseevna Litvinova, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided January 16, 1998.

Attorney(s) appearing for the Case

Terrence McGuire, Los Angeles, California, David Ettlinger Cowan, Los Angeles, California, for petitioners.

James A. Hunolt, Norah Ascoli Schwarz, argued, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for respondent.

Before: BROWNING, BRUNETTI, and FERNANDEZ, Circuit Judges.

BRUNETTI, Circuit Judge:

Petitioners, Boris Victorovich 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...

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