Moon

Moon v. Holder

Good Law
346 F. App'x 236
United States Court of Appeals for the Ninth CircuitSeptember 28, 2009No. 07-72482California323 words

Opinion

Lead Opinion

*237 MEMORANDUM **

Jayoung Moon and her sister, Hayoung Moon, natives and citizens of South Korea, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s order of removal and denying their motion to remand to apply for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing “whether substantial evidence supports a finding by clear and convincing evidence” that petitioners are removable, Nakamoto v. Ashcroft, 363 F.3d 874, 881-82 (9th Cir.2004), we deny the petition for review.

We reject petitioners’ contention that the government failed to establish removability by clear and convincing evidence because petitioners admitted they lacked valid entry documents and presented no evidence to the contrary. See Sinotes-Cruz v. Gonzales, 468 F.3d 1190, 1195, 1197 (9th Cir.2006).

We also reject petitioners’ contention that the government should be equitably estopped from ordering their removal. Although a government employee, Leland Sustaire, issued the fraudulent alien registration card to petitioners’ father, and they were merely derivative beneficiaries, the record shows petitioners’…

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