Byong Seol Song v. Holder

452 F. App'x 783

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 6, 2011
• Docket: 06-73299
• Status: Unpublished

Opinion

MEMORANDUM ***

Byong Seol Song and Mi K Song, 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. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s findings of fact. Kim v. Holder, 603 F.3d 1100, 1102 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s finding of removability by clear and convincing evidence. See id. at 1103.

Petitioners lack standing to assert their equal protection contention because “they do not belong to the class of returning [Lawful Permanent Residents] who are allegedly similarly situated to applicants for admission.” Id. at 1104.

Petitioners’ remaining contention is not persuasive.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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