Petr Krzyzanek v. Eric Holder, Jr.

MEMORANDUM

Petr Krzyzanek petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s (“IJ”) denial of his application for withholding of removal under the special rule for battered spouses, 8 U.S.C. § 1229b(c)(2). We deny the petition for review.

The BIA did not base its decision on a lack of corroborating evidence, but rather credited Krzyzanek’s testimony and concluded that the incidents he described were not “battery or extreme cruelty.” The record does not compel a finding that Yoon battered Krzyzanek because substantial evidence supports the BIA’s conclusion that Yoon was not responsible for the incident in which her friend hit Krzyzanek, and the record is ambiguous as to whether Yoon attempted to throw a can at Krzyza-nek during an argument. See 8 C.F.R. § 204.2 (c)(1)(vi).

Nor does the record compel a finding that Yoon subjected Krzyzanek to extreme cruelty. The BIA acknowledged that “physical attacks” are not a prerequisite to a finding of extreme cruelty, and concluded that Yoon’s “verbal cruelty” and “financial abuse” nonetheless did not rise to the requisite level. Yoon insulted and cursed at Krzyanek, left…