Kim

Ham Do Kim v. Holder

Good Law
452 F. App'x 767
United States Court of Appeals for the Ninth CircuitOctober 6, 201106-72864California238 words

Opinion

Opinion

MEMORANDUM

Ham Do Kim, his wife Jinok Kim, and two of their children, natives and citizens of South Korea, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s findings of fact, and review de novo questions of law. Kim v. Holder, 603 F.3d 1100, 1102 (9th Cir.2010). We deny the petition for review.

Substantial evidence supports the agency’s finding of removability by clear and convincing evidence. See id. at 1103 .

The agency did not err in concluding that petitioners were ineligible for a waiver of inadmissibility under 8 U.S.C. § 1182 (k) where they never possessed immigrant visas. See Kyong Ho Shin v. Holder, 607 F.3d 1213, 1219 (9th Cir.2010) (to be eligible for a waiver under 8 U.S.C. § 1182 (k) an alien must possess an immigrant visa).

Petitioners’ contention that the government should be equitably estopped from ordering their removal is unavailing. See Sulit v. Schiltgen, 213 F.3d 449, 454 (9th Cir.2000) (“[Ejstoppel against the government is unavailable where petitioners have not lost any rights to…

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