FILED
UNITED STATES COURT OF APPEALS APR 27 2012
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U.S . CO U RT OF AP PE A LS
BYONG SEOL SONG, a.µ.a. Byoung No. 06-73299
Song, a.µ.a. Byoung Seoul Song and MI K
SONG, Agency Nos. A071-790-403
A077-166-787
Petitioners,
v. ORDER
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
Before: SILVERMAN, W. FLETCHER, and MURGUIA, Circuit Judges.
On March 30, 2012, the Board of Immigration Appeals reopened the
proceedings in this case as to Mi K Song. Because there is no longer a final order
of removal for Ms. Song, we withdraw the memorandum disposition filed on
October 6, 2011. A replacement memorandum disposition will be filed
concurrently with this order.
FILED
NOT FOR PUBLICATION APR 27 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS
FOR THE NINTH CIRCUIT
BYONG SEOL SONG, a.µ.a. Byoung No. 06-73299
Song, a.µ.a. Byoung Seoul Song; MI K
SONG, Agency Nos. A071-790-403
A077-166-787
Petitioners,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 27, 2011**
Before: SILVERMAN, W. FLETCHER, and MURGUIA, Circuit Judges.
Byong Seol Song and Mi K Song, natives and citizens of South Korea,
petition for review of the Board of Immigration Appeals' ('BIA') order dismissing
their appeal from an immigration judge's removal order. Our jurisdiction is
*
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).
governed by 8 U.S.C. y 1252. We review for substantial evidence the agency's
findings of fact. Kim v. Holder, 603 F.3d 1100, 1102 (9th Cir. 2010). We dismiss
the petition for review as to Mi K Song, Agency No. A077-166-787. We deny in
part and dismiss in part the petition for review as to Byong Seol Song, Agency No.
A071-790-403.
On March 30, 2012, the BIA reopened the proceedings in this case as to Mi
K Song. We therefore dismiss the petition for review as to Mi K Song because
there is no longer a final order for her removal. See 8 U.S.C. y 1252(a)(1).
As to Byong Seol Song, substantial evidence supports the agency's finding
of removability by clear and convincing evidence. See id. at 1103.
Byong Seol Song lacµs standing to assert his equal protection contention
because he 'do[es] not belong to the class of returning [Lawful Permanent
Residents] who are allegedly similarly situated to applicants for admission.' Id. at
1104.
Byong Seol Song's remaining contention is not persuasive.
As to Mi K Song, Agency No. A077-166-787: PETITION FOR REVIEW
DISMISSED.
As to Byong Seol Song, Agency No. A071-790-403: PETITION FOR
REVIEW DENIED in part; DISMISSED in part.
2 06-73299