preventing
Immigration
and
Customs
Enforcement
(ICE) of the Department of Homeland Security (DHS)
from executing the order of removal. R. at 86.
On
June
23,
2010,
pursuant
to
8
C.F.R.
§
1003.2(c)(3)(ii),the Petitioners filed their Motion
to Reopen Removal Proceedings with the BIA based on
the persecutory revocation of their citizenship and
fear of future persecution based on nationality. R.
at 18-136. On March 22, 2011, the BIA, in a two
paragraph
decision,
motion
reopen
to
statelessness”
was
dismissed
finding
not
that
a
the
Petitioners’
their
change
“resulting
in
country
conditions sufficient to warrant reopening and that
such statelessness, alone, would fail to establish
a prima facie case for asylum. 1 Add. at 45-48. The
instant appeal timely followed.
1
The BIA issued two decisions dismissing the Motion to
Reopen. One decision was addressed to Boris Jourbina, the
other decision was addressed to Tatiana, Natalia, and
Polina Jourbina. A detailed review of the underlying record
indicates that although the Immigration Judge issued one
oral decision for all four Jourbinas, he separated Boris
Jourbina’s voluntary departure case from the other family
members because different statutory rules applied to
Tatiana, Natalia, and Polina given the date that they
12