Kim

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ dismissal of Petitioners’ appeal from an order of deportation. Petitioners are Haeng Jun Kim and his sister, Sang Hee Kim.

In a deportation proceeding, the government must prove alienage by clear, unequivocal and convincing evidence. Woodby v. INS, 385 U.S. 276, 285 , 87 S.Ct. 483 , 17 L.Ed.2d 362 (1966). The government must prove alienage by evidence of foreign birth before the burden shifts to the petitioner to rebut by demonstrating legal entry. Ram on-Sepulveda v. INS, 743 F.2d 1307 , 1308 n. 2 (9th Cir.1984). The standard of review on appeal is whether the deportation order is supported by reasonable, substantial and probative evidence on the record considered as a whole. Murphy v. INS, 54 F.3d 605, 608 (9th Cir. 1995).

In this case, the hearing before the Immigration Judge proceeded in two phases, the deportation hearing and, immediately following, a hearing on Petitioners’ applications for voluntary departure. During the deportation phase, the government introduced the Records of Deportable Aien (Forms 1-213), which evidenced that Petitioners were born in Korea and entered the country…