FILED
NOT FOR PUBLICATION SEP 23 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
YOON HO KIM, No. 07-72419
Petitioner, Agency No. A070-971-332
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Yoon Ho Kim, a native and citizen of South Korea, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
We review de novo questions of law and claims of due process violations,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Lopez-Umanzor v. Gonzales, 405 F.3d 1049, 1053 (9th Cir. 2005), and we deny the
petition for review.
We reject Kim’s contention that the government should be equitably
estopped from ordering his removal. Because “the government is not bound by the
unauthorized acts of its agents,” Kim cannot show “affirmative misconduct going
beyond mere negligence” on the part of the government to warrant estoppel.
Watkins v. U.S. Army, 875 F.2d 699, 707 (9th Cir. 1989) (en banc) (internal
quotation marks omitted); see also Shin v. Mukasey, 547 F.3d 1019, 1022 (9th Cir.
2008) (“[T]he government cannot be saddled with the felonious, unauthorized
issuance of residency documentation by a thieving employee.”).
We find no defects amounting to a due process violation. See Shin, 547 F.3d
at 1024-25; Hong v. Mukasey, 518 F.3d 1030, 1035-36 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
2 07-72419