Bitsin v. Holder

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
No. 12-2717
Decision Date: 
May 31, 2013
Federal District: 
Petition for Review, Order of Board of Immigration Appeals
Holding: 
Petition dismissed and denied in part
Ct. of Appeals lacked jurisdiction to consider alien’s appeal of Bd.’s decision that affirmed IJ’s finding that alien’s asylum petition was untimely due to his failure to file said petition within one year of arrival in U.S. Alien’s contention's that extraordinary circumstances or material changes within Bulgaria justified delay was barred from consideration under 8 USC section 1158. Moreover, with respect to his withholding of removal claim, alien failed to establish that either he or his father faced clear probability of persecution by Bulgarian organized crime syndicate or that Bulgarian govt. was unable or unwilling to protect alien or his father from said syndicate, where, although syndicate members made threats against father, Bulgarian govt. to steps to prosecute syndicate members and had taken steps to protect father over two-year period.