USCA11 Case: 20-14809 Date Filed: 03/09/2022 Page: 1 of 11 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 20-14809 Non-Argument Calendar ____________________ DANILO MALDONADO MACHADO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A216-124-121 ____________________ USCA11 Case: 20-14809 Date Filed: 03/09/2022 Page: 2 of 11 2 Opinion of the Court 20-14809 Before WILSON, JORDAN, and NEWSOM, Circuit Judges. PER CURIAM: Danilo Maldonado Machado seeks review of the Board of Immigration Appeal’s (BIA) final order affirming the Immigration Judge’s (IJ) denial of his applications for adjustment of status, waiver of inadmissibility, and asylum. Machado argues that the BIA erred because the IJ (1) violated his constitutional right to due process, and (2) erred in holding that he is ineligible for an adjust- ment of status under the Cuban Adjustment Act (CAA). I. Machado, a native and citizen of Cuba, is a graffiti artist and activist who uses art to protest and criticize the Castro regime. Due to his work as an activist, he has been arrested and imprisoned by the Cuban government on several occasions. On April 16, 2018, Machado was admitted to the United States on a six-month B2 vis- itor’s visa and remained past the expiration date of his visa. In No- vember 2018, the Department of Homeland Security issued him a Notice to Appear, charging him as removable for remaining in the United States for a longer period than permitted by his visa. Ma- chado conceded removability and filed an application for adjust- ment of status under the CAA. He also filed an application for waiver of inadmissibility related to his daughter. USCA11 Case: 20-14809 Date Filed: 03/09/2022 Page: 3 of 11 20-14809 Opinion of the Court 3 On August 14, 2019, the IJ held a hearing regarding his ap- plications for adjustment of status and waiver of inadmissibility. 1 During the hearing, the government filed a Form I-261 which con- tained an additional factual allegation that Machado had been con- victed of aggravated stalking under Fla. Stat. § 784.048(4). The form listed Alexandra Martinez, Machado’s ex-girlfriend, as the vic- tim of this crime. Martinez is also the mother of Machado’s daugh- ter. 2 As a result, the form charged him as removable for having been convicted of a crime involving moral turpitude (CIMT). Ma- chado admitted that he was convicted of aggravated stalking but denied the charge of removability. The IJ sustained the charge of removability and held a hearing on the issue. At the hearing, both parties provided testimony and admit- ted evidence related to Machado’s overall moral character. Ma- chado testified that he was born in Cuba, worked as an artist and peaceful human rights activist, and had two children. He re- counted how he met Martinez and that, although their relationship ended, he never threatened her in any manner nor was he capable of being violent toward her. He acknowledged that was arrested …
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