Husyev

BACKGROUND AND PROCEDURAL HISTORY

I. Husyev’s Asylum Application

Husyev was born in Russia but moved to Ukraine with his family when he was a child in the 1950s. He later became an accomplished pole vaulter and represented the Soviet Union 1 After the BIA dismissed his appeal, Husyev filed a motion to reopen the asylum proceedings on behalf of himself and his spouse, claiming that prior counsel had provided ineffective assistance. The BIA denied the motion, and the Husyevs petitioned for review of that decision as well. The two petitions for review have been consolidated. We address the BIA’s denial of the motion to reopen in a separate, unpublished memoran- dum disposition in No. 06-71826, which is filed contemporaneously with this opinion. 6896 HUSYEV v. MUKASEY in the Olympic Games in 1972. He subsequently became a physician specializing in sports medicine and worked at the College of Physical Education of West Ukraine. He is a Ukrainian citizen. His spouse, Tetyana Hryhorivna Husyeva (Husyeva), is an ethnic Russian, but a native and citizen of Ukraine.

The Husyevs entered the United States on November 20, 1999, on tourist visas that authorized them to…