Miroshnik

MEMORANDUM

Tatiana Y. Miroshnik and her son, natives and citizens of Russia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their applications for cancellation of removal pursuant to 8 U.S.C. § 1229b(b)(2) (“Special rule for battered spouse or child”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo questions of law and claims of due process violations. Lopez-Umanzor v. Gonzales, 405 F.3d 1049, 1053 (9th Cir.2005). We deny the petition for review.

Petitioners’ due process claim fails because the IJ did not demonstrate bias, considered the record evidence, and properly concluded that petitioners failed to establish that they were “battered or subjected to extreme cruelty.” See 8 U.S.C. § 1229b(b)(2)(A)(i)(I); cf. Lopez-Umanzor, 405 F.3d at 1058-59 (IJ, who displayed overt skepticism regarding domestic violence, violated due process in refusing to hear relevant expert testimony).

The IJ was not required to consider petitioners’ evidence of hardship because their failure to establish that they were “battered or subjected to extreme cruelty” was dispositive. See…