Sung Hee Damon Sang Woo Lee Seung Woo Lee v. John Ashcroft, Attorney General

Petitioners, Sung Hee Lee Moon Damon (“Sung Hee”), and her two children, Sang Woo Lee and Seung Woo Lee, seek review of a final order of deportation issued by the Board of Immigration Appeals (“BIA”). In this petition for review, we consider whether substantial evidence supports the determination of the Immigration Judge (“IJ”) that Sung Hee’s qualifying marriage was not entered into in good faith. Because we conclude that the evidence would compel any reasonable adjudicator to find that Sung Hee’s marriage was entered into in good faith, we grant the petition and remand for further proceedings.

I.

A.

Sung Hee Damon is a citizen of the Republic of Korea. She has two children from an earlier marriage in Korea, Sang Woo Lee and Seung Woo Lee, who are also citizens of Korea. During a visit to her sister and brother-in-law’s home in Hawaii, Sung Hee met her second husband, Allen Scott Damon (“Scott”), a United States citizen. After that initial meeting, Scott visited Sung Hee at her sister’s house several times a week. Although Sung Hee knew only a little English and Scott knew no Korean, the couple communicated using hand signs and with the help of Sung Hee’s sister and…