Woong Joo Yoon v. Immigration & Naturalization Service

Good Law
236 F. App'x 270
United States Court of Appeals for the Ninth CircuitMay 29, 2007No. 05-56219California422 words

Opinion

Lead Opinion

MEMORANDUM *

Woong Joo Yoon, a citizen and national of South Korea, and his wife, Hyun Joo Chang, appeal the district court’s summary judgment order in favor of the United States Citizenship and Immigration Services (“CIS”). We review the grant of summary judgment de novo. Qwest Commc’ns Inc. v. City of Berkeley, 433 F.3d 1253 , 1256 (9th Cir.2006). CIS’s decision to revoke Yoon’s 1-360 petition was not “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law,” and therefore, we affirm. 1 5 U.S.C. § 706 (2)(A); see Spencer Enters., Inc. v. United States, 345 F.3d 683 , 693 (9th Cir.2003).

CIS issued a Notice of Intent to Revoke Yoon’s 1-360 petition, classifying him as a special immigrant religious worker, and gave him thirty days to respond with supporting evidence. See 8 C.F.R. 204.5(m). Yoon failed to submit sufficient evidence to (1) rebut the alleged corporation suspension of the Korean Buddhist Peace Temple, (2) demonstrate that his job offer was for full-time employment, defined as at least thirty-five hours per week, and (3) demonstrate that he had two years of prior salaried, full-time religious work experience. Because Yoon failed to…

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