Sun Hee Han v. Roy L. Hendricks, Acting District Director, Immigration and Naturalization Service, Honolulu, Hawaii

949 F.2d 399 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sun Hee HAN, Plaintiff-Appellant, v. Roy L. HENDRICKS, Acting District Director, Immigration and Naturalization Service, Honolulu, Hawaii, Defendant-Appellee. No. 90-16164. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1991. * Decided Dec. 10, 1991. Before ALARCON, D.W. NELSON and CANBY, Circuit Judges. 1 MEMORANDUM ** FACTUAL AND PROCEDURAL BACKGROUND 2 On August 8, 1987, Sun Hee Han ("Han") arrived in Hawaii from Korea on a B-2 nonimmigrant for pleasure visa, set to expire on February 7, 1988. 3 On August 26, 1987, Han and her husband formed Khan Enterprises, a Hawaii corporation, with $150,000. After its incorporation, Khan Enterprises remained inactive. On January 7, 1988, Han and her husband entered into a Deposit, Receipt, Offer and Acceptance ("DROA") contract to purchase the Market for $415,000. The Han's deposited $1,000 in earnest money and an additional $5,000 upon acceptance. 1 4 On…