Kim

Sae Joon Kim v. Holder

Good Law
371 F. App'x 757
United States Court of Appeals for the Ninth CircuitMarch 17, 201006-72725California263 words

Opinion

Opinion

MEMORANDUM

Sae Joon Kim, a native and citizen of South Korea, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) ordering his removal. Kim is one of several individuals identified by the government as having allegedly received their lawful permanent residence 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. Kim’s challenge to the finding of removability fails because he conceded that he was removable as charged in immigration court. See 8 C.F.R. § 1240.10 (c); Young Sun Shin v. Mukasey, 547 F.3d 1019, 1024 (9th Cir.2008) (holding that where the non-citizen concedes removability, “ ‘the government’s burden in this regard is satisfied.’ ” (quoting Estrada v. INS, 775 F.2d 1018, 1020 (9th Cir.1985))), cert. denied, — U.S. -, 129 S.Ct. 2799 , 174 L.Ed.2d 292 (2009).

We also reject Kim’s argument that we should equitably estop his removal in light of Sustaire’s criminal wrongdoing. Because “the government is not bound by the unauthorized acts of its agents,” Kim cannot show “affirmative misconduct going beyond mere…

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