Friday, June 11, 2010

Shin v. Holder (9th Cir. - June 11, 2010)

Mother's in the United States, and tells her unmarried children (in South Korea) that she's gotten a green card because she was a longtime hairdresser on a U.S. military base. The kids believe her, and accordingly apply to immigrate to the United States. They have to wait seven years for a visa to become available, but eventually, it does, and they immigrate. Welcome!

Mother does indeed have a green card. One problem. Unbeknownst to the kids, she got it from a dude inside the immigration office that was selling them on the side.

So years after the kids immigrate, the U.S. discovers this scheme. People get sent to prison, participants get kicked out, etc.

What about the kids? Everyone agrees they're totally innocent of wrongdoing. But everyone also agrees they were only able to come here in the first place derivatively through Mother, who was here by fraud. However, that was years ago, and the kids have now settled into the United States. What to do with them?

Three options:

(A) Kick 'em out.
(B) Kick 'em out, but give the Attorney General discretion to let 'em stay.
(C) Let 'em stay.

Here's what the Ninth Circuit does.