Leyla Rojas v. Secretary, Department of Homeland Security
675 F. App'x 950
| 11th Cir. | 2017Background
- Rojas married U.S. citizen Henry Correa in 2006; Correa filed an I-130 and Rojas filed to adjust status shortly after the marriage.
- In March 2007 Correa signed a detailed sworn affidavit admitting the marriage was fraudulent (said they did not live together, never consummated the marriage, he was engaged to another woman, and they had fabricated a lease), and he withdrew the I-130.
- Correa later divorced Rojas; removal proceedings based on the alleged sham marriage were initiated but an immigration judge found the government had not met its burden and the proceedings were terminated.
- In December 2009 Correa signed a brief second affidavit recanting, alleging coercion by immigration officers; Rojas subsequently remarried, and her new husband filed (then later withdrew) an I-130.
- Rojas filed an I-360 in October 2011 seeking classification as a battered spouse; USCIS issued a notice of intent to deny, Rojas submitted Correa’s recantation, and USCIS denied the I-360 in August 2013 concluding the earlier marriage had been entered to evade immigration laws.
- Rojas sued; the district court granted summary judgment for the government. On appeal, Rojas argued USCIS lacked substantial evidence and improperly relied on Correa’s initial affidavit over his recantation.
Issues
| Issue | Rojas' Argument | Government's Argument | Held |
|---|---|---|---|
| Whether USCIS had substantial evidence that Rojas’ prior marriage was a sham entered to evade immigration laws | Correa’s recantation and Rojas’ corroborating documents show the marriage was bona fide; the initial affidavit should be discounted | USCIS reasonably credited the detailed initial affidavit and other corroborating facts; recantation was generalized and did not refute key admissions | Affirmed — substantial evidence supports USCIS’ sham-marriage finding |
| Whether USCIS improperly relied on the IJ’s removal proceeding outcome | The IJ’s finding that government failed to prove fraud shows no basis for denying the I-360 | USCIS must make its own independent determination; burdens differ between removal and I-360 proceedings | Rejected — IJ’s outcome did not control USCIS decision |
| Whether USCIS failed to consider all evidence or weigh credibility properly | USCIS ignored exculpatory evidence and overemphasized the first affidavit | USCIS considered Rojas’ submissions, explained why documents were unconvincing, and properly exercised discretion in weighing credibility | Rejected — agency considered the record and permissibly weighed evidence |
| Whether Correa’s allegation of coercion/duress in the recantation negated his earlier admissions | The recantation alleging coercion undermines the initial affidavit and requires reversal | The recantation was vague, did not specifically refute the detailed prior admissions, and thus was insufficient to overcome them | Rejected — generalized recantation did not overcome the detailed earlier statement |
Key Cases Cited
- Shuford v. Fid. Nat. Prop. & Cas. Ins. Co., 508 F.3d 1337 (11th Cir. 2007) (summary judgment reviewed de novo)
- Sanchez Jimenez v. U.S. Atty. Gen., 492 F.3d 1223 (11th Cir. 2007) (agency decisions must be supported by reasonable, substantial, and probative evidence)
- Preserve Endangered Areas of Cobb’s History, Inc. v. U.S. Army Corps of Eng’rs., 87 F.3d 1242 (11th Cir. 1996) (court may not substitute its judgment for an agency’s)
- Adefemi v. Ashcroft, 386 F.3d 1022 (11th Cir. 2004) (agency findings should not be reversed merely because the record could support a contrary conclusion)
- Ghaly v. I.N.S., 48 F.3d 1426 (7th Cir. 1995) (generalized recantation that does not refute detailed prior statement may be discounted)
- Rodriguez Del Carmen v. Gonzales, 441 F.3d 41 (1st Cir. 2006) (sham-marriage finding supported where spouse could not recall key details of married life)
- Sehgal v. Lynch, 813 F.3d 1025 (7th Cir. 2016) (vague allegations of coercion insufficient to undermine prior confession)