Kim

Hyun Sir Kim v. Holder

Good Law
532 F. App'x 766
United States Court of Appeals for the Ninth CircuitJuly 10, 201306-72666California804 words

Opinion

Opinion

MEMORANDUM

Hyun Sik Kim, a native of South Korea, petitions for review of an order of the Board of Immigration Appeals (“BIA”). An immigration judge (“IJ”) ordered Mr. Kim’s removal upon concluding that Mr. Kim was among the many aliens who received a green card as part of a bribery scheme conducted by Leland Sustaire, a former employee of the Immigration and Naturalization Service. The BIA dismissed Mr. Kim’s appeal. Mr. Kim now contends that the IJ erred in admitting three pieces of evidence: Sustaire’s deposition transcript, Sustaire’s list of alien numbers linked to invalid green cards and Special Agent Lesley Brown’s testimony. He also maintains that the evidence was not sufficient to show that his green card was invalid, that the IJ erred in not considering whether he was the child of a skilled worker and, finally, that the Government should be equitably estopped from arguing that his green card was invalid. We have jurisdiction under 8 U.S.C. § 1252 and deny the petition for review.

We review the decision of the BIA, but when “the BIA does not independently review the record, or where the BIA relies upon the IJ’s opinion as a statement of reasons, we look to the IJ’s oral…

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