Hong

Hong v. Mukasey

Good Law
United States Court of Appeals for the Ninth CircuitMarch 3, 200806-72823California2,342 words

Opinion

Opinion

I. Factual and Procedural Background

Chuyon Hong, a native and citizen of South Korea, attained permanent resident status in the United States in or around 1992. She derived that status as a minor through her father, who had inappropriately secured his own status as a profes- sional permanent resident alien holding an advanced degree or exceptional ability. Petitioner’s father had obtained this status through participation in an illegal conspiracy in which bribes were exchanged for fraudulent green cards. Leland Sustaire, a supervisory officer at the former Immigration and Natural- ization Service (“INS”), perpetrated the scheme.1 To cover his 1 On March 1, 2003, the INS ceased to exist as an independent agency within the Department of Justice and its enforcement functions were trans- ferred to the Department of Homeland Security (“DHS”), pursuant to § 441 of the Homeland Security Act, Pub. L. No. 107-926, 116 Stat. 2135 (Nov. 25, 2002). HONG v. MUKASEY 2019 tracks, Sustaire had destroyed government files, but saved a list of “A” numbers that identified aliens who obtained unwarranted changes in their status. When a Department of Justice (“DOJ”)…

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