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pleamotionvisa
pleamotionvisa

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Shin v. Mukasey

Facts

The alien was a native and citizen of the Republic of Korea who originally entered the United States on a tourist visa. She obtained her permanent resident status through a runner for a government employee who was using his government position to sell fraudulent green cards. The government employee was arrested, and as part of a plea deal, he provided a list of individuals, including the alien, who had obtained unlawful changes in their status. An immigration judge found her removable, and the BIA affirmed this decision.

The alien was a native and citizen of the Republic of Korea who originally entered the United States on a tourist visa. She obtained her permanent resident status through a runner for a government employee who was using his government position to sell fraudulent green cards. The government employee was arrested, and as part of a plea deal, he provided a list of individuals, including the alien, who had obtained unlawful changes in their status. An immigration judge found her removable, and the BIA affirmed this decision.

Issue

Whether the government is estopped from removing the alien due to the actions of a corrupt government employee who issued her a fraudulent green card.

Whether the government is estopped from removing the alien due to the actions of a corrupt government employee who issued her a fraudulent green card.

Rule

The government has the initial burden of establishing the alien's deportability by clear and convincing evidence. However, where the alien concedes removability, the government's burden is satisfied. Estoppel requires that the party to be estopped must know the facts, intend that their conduct shall be acted on, and the party asserting estoppel must be ignorant of the true facts.

The government has the initial burden of establishing the alien's deportability by clear and convincing evidence. However, where the alien concedes removability, the government's burden is satisfied. Estoppel requires that the party to be estopped must know the facts, intend that their conduct shall be acted on, and the party asserting estoppel must be ignorant of the true facts.

Analysis

The court found that the alien's counsel had expressly conceded removability on the grounds that the alien was not in possession of valid documents for admission. The court also determined that the alien was not entitled to equitable estoppel because she was not ignorant of the fraudulent scheme, as she had actively participated in it by paying for a fraudulent green card. The court concluded that the BIA's denial of her motion to reopen was proper because she failed to provide the necessary documentation.

The court found that the alien's counsel had expressly conceded removability on the grounds that the alien was not in possession of valid documents for admission. The court also determined that the alien was not entitled to equitable estoppel because she was not ignorant of the fraudulent scheme, as she had actively participated in it by paying for a fraudulent green card. The court concluded that the BIA's denial of her motion to reopen was proper because she failed to provide the necessary documentation.

Conclusion

The petition for review was denied, and the request for a remand was also denied. The court upheld the BIA's decision that the alien was removable and that her claims for reopening were without merit.

The petition for review was denied, and the request for a remand was also denied. The court upheld the BIA's decision that the alien was removable and that her claims for reopening were without merit.

Who won?

The government prevailed in the case because the court found that the alien had conceded her removability and failed to demonstrate any entitlement to equitable estoppel.

The government prevailed in the case because the court found that the alien had conceded her removability and failed to demonstrate any entitlement to equitable estoppel.

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