Brikova v. Holder, Jr., No. 12-1538 (8th Cir. 2012)
Annotate this CasePetitioner, a native and citizen of Moldova, petitioned for review of a final order of removal of the BIA, affirming the decision of the IJ to deny her applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). She also argued that the BIA violated her equal protection rights in denying her petition to terminate removal proceedings under the Federal First Offender Act (FFOA), 18 U.S.C. 3607(a). The court concluded that petitioner's equal protection challenge to the FFOA failed and that the court lacked jurisdiction to review the BIA's denial of her applications for asylum, withholding of removal, and CAT protection. Therefore, the court dismissed in part and denied in party the petition for review.
Court Description: Petition for Review - Immigration. Argument that the difference in treatment between federal and state court defendants under the Federal First Offender Act denied petitioner's equal protection rights must be rejected as there are rational reasons for differing treatment for aliens with state-expunged convictions and aliens with FFOA-expunged convictions; since petitioner's challenges to denial of her applications for asylum, withholding of removal and CAT relief all rest on factual determinations rather than questions of law or constitutional claims, the court was without jurisdiction to review those decisions.
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