Bolshakov

Petitioners, Boris Vietorovich 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.

Petitioner, Bolshakov, is a Russian citizen who operated a shop in Moscow. Petitioner, Litvinova, was his assistant and is now his wife. In 1991 three men entered the shop, demanded money, attacked Bolshakov and Litvinova when they refused to pay, and threatened Bolshakov’s life. The incident was reported to the local authorities who promised to deal with the situation. However, the threats and violence continued. Bol-shakov and Litvinova were attacked and threatened outside the shop. They eventual *1281 ly abandoned the business and came to this country as visitors.

They overstayed their visas and Orders to Show Cause were issued against them. Both were found deportable by the Immigration Judge (IJ) under 8 U.S.C. § 1251 (a)(1)(B). Both…