Carrillo Del Real v. Holder

Mirna Ella Carrillo del Real (“Carrillo”) petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her application for cancellation of removal under the “battered spouse provision” of the Immigration and Nationality Act (“INA”). 8 U.S.C. § 1229b(b)(2), INA § 240A(b)(2). She also seeks review of the BIA’s denial of her motion to reopen removal proceedings based on her marriage to a United States citizen. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny both petitions.

To be eligible for relief under section 240A(b)(2)(A)(i)(II), Carrillo must show that her children were battered or subjected to extreme cruelty by their lawful permanent resident (“LPR”) father. 8 U.S.C. § 1229b(b)(2)(A)(i)(II). The BIA’s determination that the record evidence failed to establish such battery or extreme cruelty is supported by substantial evidence. See Hernandez v. Ashcroft, 345 F.3d 824, 834 (9th Cir.2003) (concluding that the “existence or nonexistence” of battery and “extreme cruelty” are factual determinations); Zehatye v. Gonzales, 453 F.3d 1182, 1185 (9th Cir.2006) (noting that “administrative findings of fact are conclusive unless any reasonable…