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Jin Wook Kim v. Holder
Citation: 339 F. App'x 674Docket: No. 06-73213
Court: Court of Appeals for the Ninth Circuit; July 31, 2009; Federal Appellate Court
Jin Wook Kim, a South Korean citizen, petitions for review of the Board of Immigration Appeals’ decision that dismissed his appeal against an immigration judge's order of removal. The court has jurisdiction under 8 U.S.C. § 1252 and denies Kim's petition. The court rejects Kim's argument that the government did not prove his removability by clear and convincing evidence, noting that Kim himself conceded to being removable, referencing Shin v. Mukasey. Additionally, the court dismisses Kim's claim for equitable estoppel against the government, asserting that Kim’s father was aware of the true circumstances surrounding the procurement of a fraudulent alien registration card, and that estoppel is not applicable since Kim did not lose any rights to which he was entitled, citing Sulit v. Schiltgen. Finally, the court finds no due process violations in the proceedings, referencing Shin and Hong v. Mukasey. The petition for review is denied, and the disposition is not for publication nor serves as precedent except as outlined by 9th Cir. R. 36-3.