Noh

OVERVIEW

On January 19, 1996, Se Jong Noh, a native and citizen of Korea, was denied entry into the United States because the State Department had revoked his nonim-migrant “F-l” student visa on the ground that it was illegally obtained. The Immigration and Naturalization Service (“INS”) initiated exclusion proceedings against Noh. The Immigration Judge (“IJ”) held that it could not review the State Department’s revocation of Noh’s visa, and thus Noh was excludable pursuant to 8 U.S.C. § 1182 (a)(7)(B)(i)(II) because he was not in possession of a valid nonimmigrant visa. The Board of Immigration Appeals (“BIA”) affirmed, concluding that the IJ had properly held that it could not review the validity of the State Department’s revocation of Noh’s visa. Noh then filed this petition for review.

BACKGROUND

Noh is a citizen of the Republic of Korea. His father filed a visa application on his behalf and, on May 4, 1995, Noh received a nonimmigrant “F-l” student visa at the United States consulate in Seoul, Korea. That visa expired on May 3, 1999. The visa allowed Noh to enter the United States to attend Montclair School and College in Van Nuys, California. Noh first entered the United…