Chung Lim You v. Mukasey

MEMORANDUM ****

Chung Lim You (“Petitioner”), a native and citizen of South Korea, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order of removal. Petitioner was admitted to the United States as a lawful permanent resident (“LPR”) on or about June 23, 1996. Petitioner allegedly received a resident alien card as a result of fraud perpetrated by former Immigration and Naturalization Service (“INS”) employee Leland Sustaire (“Sustaire”). In February 2000, Sustaire was convicted of conspiracy to bribe a public official, in violation of 18 U.S.C. § 371 . Sustaire created a list of alien numbers tracking individuals on behalf of whom he accepted bribes. Petitioner’s alien number appeared on that list.

Petitioner was charged with removability under Section 237(a)(1)(A) of the Immigration and Nationality Act (“INA”) as an alien who was otherwise inadmissible and who (1) was not in possession of a valid visa or entry document at the time of entry; and (2) adjusted his status through fraudulent means. An Immigration Judge (“IJ”) sustained both charges and ordered Petitioner removed. The BIA affirmed the IJ’s finding on the first charge of removability, holding…