Soto v. U.S. Attorney General, 072417 FED11, 16-16181

Docket Nº:16-16181
Opinion Judge:PER CURIAM:
Party Name:ANGEL FRANCISCO SOTO, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent.
Judge Panel:Before WILSON, MARTIN, and ANDERSON, Circuit Judges.
Case Date:July 24, 2017
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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ANGEL FRANCISCO SOTO, Petitioner,

v.

U.S. ATTORNEY GENERAL, Respondent.

No. 16-16181

United States Court of Appeals, Eleventh Circuit

July 24, 2017

DO NOT PUBLISH

Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A075-426-736

Before WILSON, MARTIN, and ANDERSON, Circuit Judges.

PER CURIAM:

During an interview with Department of Homeland Security (DHS) officers, Angel Soto signed a sworn affidavit admitting that he married a United States citizen so that he could become a lawful permanent resident. In light of that admission, DHS commenced removal proceedings against Soto. At his removal hearing before an Immigration Judge (IJ), Soto recanted his admission, claiming that he signed the affidavit under duress. One of the DHS officers who interviewed Soto, however, offered testimony that undercut Soto's claim of duress. The IJ concluded that the DHS officer's testimony was credible and Soto's testimony was not. And the IJ held that Soto is removable under the Immigration and Nationality Act for having procured admission to the United States through marriage fraud. See 8 U.S.C. § 1227(a)(1)(G). The Board of Immigration Appeals (BIA) affirmed the IJ's decision. Soto now petitions for review of the IJ and BIA's removal determination.

After careful consideration of the record and the parties' briefs, we deny Soto's petition for review. Soto argues that the IJ and BIA erred because (1) insufficient evidence exists to support removal and (2) due process violations tainted the removal determination. Neither argument is availing.

First, substantial evidence supports the removal determination. See Bigler v. U.S. Att'y Gen., 451 F.3d 728, 732 (11th Cir. 2006) (per curiam) (reviewing an IJ's removal determination for substantial evidence); Delgado v. U.S. Att'y Gen., 487 F.3d 855, 860 (11th Cir. 2007) (per curiam) (noting that the substantial-evidence standard is "highly deferential"). Soto's sworn affidavit and the DHS officer's testimony support the removal determination. The affidavit includes an admission of marriage fraud, and the DHS officer's testimony corroborated the affidavit and confirmed its...

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