Maria Santos v. Eric Holder, Jr.

MEMORANDUM

Maria Luz Acibo Santos (“Santos”), a native and citizen of the Philippines, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the denial of her application for special rule cancellation of removal under 8 U.S.C. § 1229b(b)(2). Santos asserts that she qualifies for special rule cancellation of removal because she was subjected to extreme cruelty when her husband abandoned her in the United States.

We have jurisdiction to review the non-discretionary determination of whether an applicant has shown extreme cruelty under § 1229b(b)(2). Hernandez v. Ashcroft, 345 F.3d 824, 833-35 (9th Cir.2003). Accordingly, we review the BIA’s factual determination regarding Santos’s eligibility for removal for substantial evidence. Gutierrez v. Mukasey, 521 F.3d 1114, 1116 (9th Cir.2008).

In order to qualify for special rule cancellation of removal under § 1229b(b)(2), an applicant must meet five enumerated requirements, including that “she had been ‘battered or subjected to extreme cruelty’ by a spouse who is or was a United States citizen or lawful permanent resident.” Lopez-Umanzor v. Gonzales, 405 F.3d 1049, 1053 (9th Cir.2005) (some internal…