902 F.2d 40 (9th Cir. 1990), 89-70022, Park v. I.N.S.
|Citation:||902 F.2d 40|
|Party Name:||Sung Koon PARK, Heon Young Park, Heon Joo Park, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.|
|Case Date:||May 04, 1990|
|Court:||United States Courts of Appeals, Court of Appeals for the Ninth Circuit|
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Argued and Submitted April 17, 1990.
Petition for Review of an Order of the Board of Immigration Appeals.
Before HUG, SKOPIL and SCHROEDER, Circuit Judges.
Sung Koon Park and his two children, citizens of South Korea, petition for review of the Board of Immigation Appeals' (BIA) order dismissing their appeal from the Immigration Judge who found them to be deportable under 8 U.S.C. §§ 1251(a)(1) and 1182(a) and who denied Sung Koon Park voluntary departure under 8 U.S.C. § 1254(e). Specifically, Park argues that the Immigration Judge's finding that Park obtained his visa by fraud or willful misrepresentation of a material fact was not supported by substantial evidence.
The Immigration Judge found that the visa petitions for Park and his children were invalid because they were not signed by his former wife, Poon I. Kim, but instead were signed by someone else. The Immigration Judge's finding is supported not only by the testimony of Ms. Kim herself, who stated she did not sign the petitions, but also by the testimony of the handwriting expert who testified that Ms. Kim's exemplars and the signature on the petition did not match.
Park in this appeal places great weight upon the fact that the U.S. Consul in Korea requires "adequate proof of identity" before petitions may be signed. However, an American Consul indicated in an affidavit that "this procedure is, as you can well appreciate, not foolproof because of the ease by which fraudulent identity media can be...
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