DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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083167P.pdf 01/28/2010 Oksana Averianova v. Eric H. Holder, Jr.
U.S. Court of Appeals Case No: 08-3167
Board of Immigration Appeals
[PUBLISHED] [Gruender, Author, with Riley and Hansen, Circuit Judges]
Petition for Review - immigration. Court has jurisdiction to review
denial of motion to reconsider the denial of an initial motion to reopen,
but petitioner failed to argue in her brief the BIA abused its discretion in
denying her motion to reconsider based on changed country conditions
and thus waived her claim. BIA did not abuse its discretion or deny due
process rights in denying second motion to reopen. Changed
circumstances in section 1003.2(c)(3)(ii) unambiguously refers to
country, not personal, circumstances. No equal protection claim is
presented.