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Submitted: October 20, 2009

Before RILEY, HANSEN and GRUENDER, Circuit Judges.

Oksana Averianova entered the United States on a temporary visa in January 1996, but she remained here unlawfully after her visa expired. She applied for asylum, and the former Immigration and Naturalization Service (“INS”)*fn2 initiated removal proceedings. On November 30, 2004, an Immigration Judge (“IJ”) found Averianova removable and denied her application for asylum, withholding of removal, and protection under the Articles of Convention Against Torture (“CAT”). The Board of Immigration Appeals (“BIA”) adopted and affirmed the IJ’s decision, and we denied her petition for review. See Averianova v. Mukasey, 509 F.3d 890 (8th Cir. 2007). On June 19, 2007, Averianova filed a motion to reopen removal proceedings based on her family situation, which the BIA denied. On April 14, 2008, Averianova filed a motion to reconsider the BIA’s denial of her initial motion to reopen and a second motion to reopen removal proceedings, this time based on changed country conditions. The BIA denied these motions on August 25, 2008, and Averianova now petitions for review.

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