Sheikh Mahmud v. Eric Holder, Jr.

MEMORANDUM

Sheikh Mohammad Mahmud, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision finding him removable. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence the agency’s factual findings. Haile v. Holder, 658 F.3d 1122, 1125 (9th Cir.2011). We deny the petition for review.

The agency correctly admitted into the record Mahmud’s former U.S. citizen spouse’s testimony and prior sworn statements that their marriage was fraudulent and that she married Mamud in exchange for money, and an immigration agent’s testimony regarding her prior statements. See id. at 1128 (“The sole test for admission of evidence [in immigration proceedings] is whether the evidence is probative and its admission is fundamentally fair.” (citation omitted)). The record belies Mahmud’s contention that his ex-wife’s statements, were not given voluntarily, where she voluntarily testified at his hearing in support of her prior statements.

Substantial evidence supports the agency’s determination that Mahmud is removable under 8 U.S.C. § 1227…