Pogai

Pogai v. Gonzales

Good Law
160 F. App'x 564
United States Court of Appeals for the Ninth CircuitDecember 5, 2005No. 03-74079; Agency No. A75-467-554California707 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Avefualevaioleola Pogai, a native and citizen of Western Samoa, peti- - tions for review of the Board of Immigration Appeals’ affirmance of an order of removal. The Immigration Judge (IJ) found Petitioner removable under 8 U.S.C. § 1227 (a)(1)(D)® for having entered into a qualifying marriage that was not bona fide under 8 U.S.C. § 1186a. We deny the petition.

The IJ did not violate Petitioner’s due process rights in admitting into evidence written statements by Petitioner and her husband admitting that their marriage was one of convenience. Petitioner alleges that the statements were coerced by government investigators. A petitioner alleging coercion must make a prima facie showing that her statements were obtained through “physical abuse, hours of interrogation, denial of food or drink, threats or promises, or interference with any attempt by the [petitioner] to exercise [her] rights.” Matter of Ramirez-Sanchez, 17 I & N Dec. 503, 506 (BIA 1980). In other words, statements must be “cudgeled from the alien by government authorities.” Choy v. Barber, 279 F.2d 642, 646 (9th Cir.1960). In this case, Petitioner alleges facts that do not prove coercion. She…

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