Case: 18-10986 Date Filed: 10/08/2019 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-10986 Non-Argument Calendar ________________________ Agency No. A089-179-836 MAURIZIO FIDUCIA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (October 8, 2019) Before MARCUS, ROSENBAUM, and BRANCH, Circuit Judges. PER CURIAM: Case: 18-10986 Date Filed: 10/08/2019 Page: 2 of 8 Maurizio Fiducia has applied for adjustment of status to that of an alien lawfully admitted for permanent residence, pursuant to 8 U.S.C. § 1255(a). Although he was not entitled to a formal removal hearing, he received one. The Immigration Judge (“IJ”) denied his application based on his incredible testimony about his arrest on child pornography charges. On appeal to the Board of Immigration Appeals (“BIA”), Fiducia asserted that the IJ lacked jurisdiction over his application. He also alleged that he received ineffective assistance of counsel before the IJ. The BIA denied relief, and Fiducia now seeks review of that decision. For the reasons that follow, we deny his petition for review. I Fiducia, a native and citizen of Italy, entered the United States in 1999 under the Visa Waiver Program (“VWP”). 1 After he overstayed his authorization to be in the United States, the Department of Homeland Security charged him with removability in 2013. He was initially allowed to contest removability because the government mistakenly believed that he had been admitted under a B-2 tourist visa. Nonetheless, Fiducia conceded removability. Then, in 2014, Fiducia was convicted in state court of child neglect, Fla. Stat. § 827.03(2)(d). He later conceded that conviction as an additional ground for removability. 1 The Visa Waiver Program provides for nationals of certain countries who follow certain procedures to enter the United States as tourists for 90 days or less without a visa. See generally 8 U.S.C. § 1187 and 8 C.F.R. §§ 217.1–217.7. As a condition of entry, VWP entrants waive their right to contest their later removal, unless they apply for asylum. 8 U.S.C. § 1187(b)(2). 2 Case: 18-10986 Date Filed: 10/08/2019 Page: 3 of 8 In 2016, Fiducia filed an application for adjustment of status based on his relationship to his adult daughter Federica, a naturalized U.S. citizen. See 8 U.S.C. § 1255(a). 2 The IJ conducted a removal hearing in which Fiducia and Federica testified. Fiducia testified that his child neglect conviction was a guilty plea he negotiated after being arrested and charged with child pornography, based on films he had downloaded to his home computer. He testified that he did not believe he had done anything wrong, because he closed and deleted the films as soon as he realized they were pornographic; he also testified that he had downloaded some films in order to delete them so others on the internet could not view them. But he never went to law enforcement, because he was concerned about his immigration status. The IJ found Fiducia not credible. ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals