Duryol Kim v. Holder

U.S. Court of Appeals for the Ninth Circuit
Duryol Kim v. Holder, 446 F. App'x 884 (9th Cir. 2011)

Duryol Kim v. Holder

Opinion

MEMORANDUM **

Duryol Kim, Joung Hee Kim, and their daughter Hyun Jung Kim, natives and citizens of South Korea, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition for review.

We reject petitioners’ contention that the government failed to establish their removability by clear and convincing evidence, because petitioners conceded re-movability. See Young Sun Shin v. Mukasey, 547 F.3d 1019, 1024 (9th Cir. 2008) (“[Wjhere the alien concedes removability, the government’s burden in this regard is satisfied.” (citation and quotation omitted)).

Petitioners’ contention that the government should be equitably estopped from ordering their removal is unavailing. See Sulit v. Schiltgen, 213 F.3d 449, 454 (9th Cir. 2000) (“[Ejstoppel against the government is unavailable where petitioners have not lost any rights to which they were entitled.”); cf. Salgado-Diaz v. Gonzales, 395 F.3d 1158, 1165-68 (9th Cir. 2005).

Petitioners’ remaining contentions are not persuasive.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Q; Et Al., Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished