Hyuk Lim v. Eric H. Holder Jr.

Hyuk Joon Lim, a native and citizen of South Korea, petitions for review of a decision by the Board of Immigration Appeals (“Board”) ordering his removal from the United States because he violated the terms of his student visa.

Lim contends the Board erred in concluding he was statutorily ineligible for cancellation of removal because he did not have the required ten years of continuous presence in the United States immediately preceding his application for relief, as required by 8 U.S.C. § 1229b(b)(i), (d)(1).

We have jurisdiction over this timely petition pursuant to 8 U.S.C. § 1252 (a)(1), which we deny.

I

Lim claims he first entered the United States in 1989, at the age of 18. He returned to South Korea from December 1994 to August 1998 and served in its military from May 1995 to May 1998. He came back from South Korea in 2001 on a visitor’s visa, which he converted to a student visa on July 16, 2004. By not staying in school and by taking a job at a store in Los Angeles, he violated the terms of his status. Lim was served with a Notice to Appear on February 27, 2006, and proceedings commenced on March 2, 2006. Lim concedes the truth of these facts. To have…