Butalova v. U.S. Attorney General, No. 13-15639 (11th Cir. 2014)Annotate this Case
Petitioner, a native and citizen of Slovakia, sought review of the BIA's order denying her motion to reopen removal proceedings, and petitioned for review of the BIA's order denying her motion to reconsider and to reopen her removal proceedings. The court dismissed the petitions for review for lack of jurisdiction because the BIA's battered spouse determination under 8 U.S.C. 1154(a)(1)(A)(iii) was discretionary and the court similarly lacked jurisdiction to review the BIA's order denying petitioner's subsequent motion to reconsider and reopen.