Petitions for Review of a Decision of the Board of Immigration Appeals. Agency No. A074-169-665.
For Miloslava Butalova, Petitioner (13-14041): Alla V. Londres, Law Offices of Alla V. Londres, LLC, Metuchen, NJ.
For U.S. Attorney General, Respondent (13-14041): Dana Michelle Camilleri, Krystal Samuels, Katherine Ann Smith, U.S. Department of Justice, Civil Division, Washington, DC; Michelle Ressler, District Counsel's Office, Miami, FL.
For Miloslava Butalova, Miloslava Butalova (13-15639): Alla V. Londres, Law Offices of Alla V. Londres, LLC, Metuchen, NJ.
For U.S. Attorney General, Respondent (13-15639): Dana Michelle Camilleri, Katherine Ann Smith, Krystal Samuels, U.S. Department of Justice, Civil Division, Washington, DC; Michelle Ressler, District Counsel's Office, Miami, FL.
Before HULL, MARCUS, and FAY, Circuit Judges.
Miloslava Butalova petitions for review of decisions by the Board of Immigration Appeals
(" BIA" ), denying her motion to reopen her removal proceedings and her motion for reconsideration. We dismiss the petitions for lack of jurisdiction.
Butalova, a native and citizen of Slovakia, entered the United States on July 22, 1995, as a nonimmigrant visitor with authorization to remain in the United States until January 21, 1996. Butalova stayed beyond the time permitted. On February 12, 1997, the former Immigration and Naturalization Service (" INS" ) issued an Order to Show Cause asserting Butalova was removable under the Immigration and Nationality Act (" INA" ) § 241(a)(1)(B), 8 U.S.C. § 1231(a)(1)(B). Butalova failed to appear at the scheduled hearing; on October 14, 1997, an immigration judge (" IJ" ) found her removable in absentia.
Over ten years later, on September 28, 2009, Butalova moved to reopen the in absentia decision because of a lack of notice and for the purpose of seeking an adjustment of status. An IJ denied the motion on October 21, 2009. Butalova ...