Suh

MEMORANDUM

Wonsun Suh, Haehwa Suh, Seungmi Suh, Seungeun Suh, Seungchan Suh, and Seungyun Suh (together, “the Suhs”), all natives and citizens of South Korea, petition for review of the decision of the Board of Immigration Appeals (“BIA”) ordering their removal. The Suhs number among several individuals identified by the government as having allegedly received their lawful permanent resident (“LPR”) status through the fraudulent scheme of Leland Sustaire, a former Supervisory Adjudications Officer of the Immigration and Naturalization Service.

We deny the petition for review. First, substantial evidence supports the BIA’s finding of removability by clear and convincing evidence. See Hernandez-Guadarrama v. Ashcroft, 394 F.3d 674, 679 (9th Cir.2005).

Second, the BIA’s refusal to consider the Suhs’ green cards as “immigrant visas” for the purpose of seeking a waiver of inadmissibility under 8 U.S.C. § 1184 (k) does not violate equal protection. Rather, the government has proffered “facially legitimate and bona fide reason[s]” for why Congress would treat LPRs, like the Suhs, who have adjusted status within the United States, differently from individuals holding immigrant visas…