Paper Chase
The story of 275 Korean Immigrants who lost their home
and dreams to be an American
Young Suh
03/20/11
History 166P
Professor Kalman“Remember, remember always, that all of us … are descended from immigrants and revolutionists.”—Franklin D. Roosevelt
**My Story
I lost my Legal Permanent Residency (LPR) in 2003. At the time I did not realize what this really meant for me. When I arrived at LAX from South Korea, the airport police detained me soon after I claimed my baggage. “What is going on? Why are you grabbing me?” I asked. “Shut up and sit down,” the airport police replied. They made me take off my belt and confiscated my belongings. Luckily, I still had my phone and dialed my aunt, who happened to be a criminal lawyer. Right after I informed her that the airport police took me in, they immediately took my phone and escorted me to what seemed to be a lounge for the airport police. I recall that there was another civilian and two other officers in the room. The officers were having a conversation about a Vin Diesel movie that was playing in the room: the same movie shown three times on the plane ride in. I was sick of it.i
After a two-hour delay, they returned all my belongings except my green card and let me go. I was still clueless as to why I had been detained. Later, I discovered that my aunt had phoned an immigration lawyer who arranged for me to be released from the custody of the airport police. My lawyer informed me that they could have kept me detained indefinitely without the right to consult with an attorney. I was still a minor and this news violated what little I knew about the laws of America. Did I even have the Miranda rights? Does losing my green card mean I lose all rights that Americans are granted? I was fifteen at the time and had lived in the country for over eleven years. To the best of my knowledge, I was a legal resident of this country. My mother and I had received our permanent residency through government officials when I was four years old.
I did not understand the magnitude of the situation, but I knew something was wrong. My lawyer told me to keep it a secret from friends, mentors, and all alike: “At a moment like this, you want to stay under the radar.”ii Nearly ten years have passed and the situation remains in limbo.
There are 275 Korean immigrants who have received their green card from a corrupt government official. All 275 have been prosecuted, tried and went through trial for an illegally obtained residency, and have either been deported or face likely deportation.iii
Although they were victims of a federal scam, not many were aware of their circumstances. I too was a victim but until now, did not realize that there were so many others in my situation. I have stumbled upon articles that portray the experiences of several victims of the scandal. This is our story.
**The Scandal
The scandal involving three men began in late 1986 in San Jose, CA and continued for twelve years before finally being exposed.
The first man involved was John Choe, an immigration broker who was an avid churchgoer.iv In the 1980s, over 70,000 Koreans immigrated to California.v Choe realized there was a way to profit from these immigrants. He had been working with Korean immigrants with the trust of the Korean community and knew the process to get them in. He thought of a tactic that would convince potential immigration clients to believe that if they paid a handsome sum of money, they could expedite the process of receiving a green card by hiring lawyers that knew “secret laws” and loopholes to achieve residency.vi Receiving a green card can take an excessively long time, and the process sometimes seems arbitrarily bureaucratic. Choe had a plan and enough Koreans to scam. All he needed now was cooperation from the man who granted residency to immigrants in California.
Enter the second man involved in the scam: Leland Dwayne Sustaire, who was the Supervisory District Adjudication Officer for the Immigration and Naturalization Service (INS) at the San Jose office.vii Sustaire had the discretion to pass out green cards. It was all too simple for him to grant residency to immigrants: He simply forged the signature of the examiner (often that of a woman with a “scribble-like signature”), then “borrowed” one of his subordinate’s official stamps, and finalized the paperwork to process the green card.viii Choe was all too aware of Sustaire’s power from clients who had used the INS San Jose Office. In 1986, Choe approached Sustaire with his idea in a parking lot. Later, Sustaire admitted he was troubled after gaining custody of his two daughters in a recent divorce, and the promised cash flow seemed to ensure his financial stability.ix
Choe obtained everything he needed for his scheme to work. Sustaire ultimately agreed to secure green cards for Choe in exchange for cash. The standard agreement came to be 50% of the $10,000 to $30,000 fee Choe charged his clients. Just from this one broker, Sustaire netted over $300,000 in cash payments sent to a post office box in Tracy, an hour east of San Francisco.x
Just six years later, another broker, involved with Korean American (KOAM) immigration service, approached Sustaire in a parking lot outside his Alameda County office.xi Daniel Lee explained he had heard of Sustaire’s dealings with Choe and said he had a client willing to pay $40,000 for permanent residence for himself and his three children.xii Sustaire agreed to meet Lee at a nearby restaurant to discuss a long-term arrangement. That arrangement eventually netted the official $200,000.xiii
Sustaire later explained that he was taking orders from both brokers Choe and Lee. The cash continued to flow as Lee sent his payments to Sustaire’s business front, Disaster Survival Provisioners Inc. The scam seemed as if it was from a movie: whenever Sustaire called Lee at KOAM Immigration Service, his code name was Bill.xiv
Guilt overcame Sustaire and in 1998 he finally caved. He panicked when the Internal Revenue Services (IRS) made a visit to question him about his sudden affluence. He had purchased a sports car, horses, and paid cash to make renovations to his two-acre Tracy ranch.xv Sustaire claimed he had patented a new invention that had brought in the large sum of money in question. Although the IRS seemed satisfied by his explanation, Sustaire became paranoid. He burned any incriminating evidence, and on February 9, 1998, he walked into the Department of Justice field office in suburban San Bruno, CA, introduced himself as an INS employee and asked to meet with investigators. Sustaire said he was tired of looking over his shoulders and feared that one of the brokers had organized-crime connections.xvi By then, Sustaire had already retired for medical reasons but continued to accept bribes from Choe and Lee.xvii He was physically threatened when he was unable to deliver his end of the bargain.xviii Special Agent Ralph B. Curtis and a colleague from the Justice Department’s Office of the Inspector General took notes as Sustaire explained he had accepted $500,000 in exchange for authorizing hundreds of Alien Registration Receipt Cards (green card).xix
In 1998, Sustaire became the star witness for the government against the two others involved in the scam, Choe and Lee. He compiled a handwritten list of 275 names from memory that had been issued green cards under his jurisdiction; he had long ago burned all his files.xx The day after talking with investigators, Sustaire met with Lee wearing a microphone in a sting operation in hopes to incriminate him.xxi At Lee’s trial, Sustaire explained why he had turned himself in: “Guilt, shame for what I had become. It’s been a heavy burden on me for a long time, and I wanted to get rid of it.”xxii Sustaire was a 20-year government employee who started as a Border Patrol agent in Texas. The scam officially ended his career.
The two brokers, Choe and Lee spent three years in state prison for fraud and bribery. Choe’s wife, Cherie Choe, and her sister, Song Ja Byun, served four months for acting as accomplices.xxiii Sustaire on the other hand, paid a negligible fine of $7,500 and was confined for six months on his farm in Tracy under house arrest. His taxes were never audited, and he retired with full pension and benefits from the INS.xxiv
According to a 2003 Los Angeles Times article, many who received green cards from Sustaire had no idea that their immigration status was threatened.xxv Some found out through local Korean newspapers in Los Angeles and San Francisco following the first deportation of one of the immigrants on the list.xxvi Many of them had never even heard of Sustaire.
**Immigration Law since the 1980s
In the 1980s, immigration laws changed to adapt to the rapid growth of immigration to the U.S. and to rectify the problem of illegal aliens. Some of these changes affected the outcome of the 275 Koreans on trial. The Immigration Act of 1990 (IMMACT) gave priority to employment-based immigration.xxvii The idea behind it was: “if we are bringing in immigrants, we might as well bring in people who benefit our country and economy.” During this time, employment-based immigration tripled. To cover his tracks, Sustaire took advantage of the IMMACT and handed out many fraudulent employment-based visas to clients Lee and Choe. One green card recipient who received an employment-based visa was a truck driver with a high school diploma who received his LPR as a research professor.xxviii
On September 30, 1996, the U.S. government strengthened its fight against illegal aliens with the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA).xxix The IIRIRA increased the number of INS investigators that tracked aliens who overstayed their visas.xxx It also increased detention capacity for criminals and other deportable aliens.xxxi The IIRIRA also instituted a new “expedited removal” proceeding to speed up deportation of aliens with no documents or with fraudulent documents. Lastly, it authorized three volunteer pilot programs that enabled employers to verify immigrant status. The last step of the IIRIRA was not applied to the 275, however. Although we now know the documents they held were fraudulent, at the time, they appeared to be legitimate government issued visas. They were able to get jobs like any other LPR.
Although space in detention centers grew for illegal aliens, the INS continued to rely on county jails and federal prisons to accommodate the increased number of detained non-citizens. Some aliens without criminal convictions such as asylum seekers were held with the toughest criminals and convicted felons. According to a 2003 Amnesty International report, the INS detained 5,385 unaccompanied immigrant children in 2001 and held them with juvenile offenders.xxxii
The Congress enacted the Patriot Act on October of 2001 in response to the terrorist attacks on September 11th. The Act affected many immigrants who had issues regarding their status. The INS, using the Patriot Act, accessed the FBI criminal database and entered in the names of any foreigners who had been ordered deportation.xxxiii The most notable change after 9-11 was the Homeland Security Act (HSA) of November 25, 2002. It created the Department of Homeland Security (DHS), which consolidated the functions of more than twenty federal agencies into one department. INS was one of many that were affected by the HSA. Section 402 of the HSA granted DHS power over granting of visas and other forms of permission to enter the U.S. to individuals who were neither citizens nor LPR. Homeland Security now had full control of anything that had to do with immigration.
On April 17, 2003, Attorney General John Ashcroft issued Interim Decision # 3488: illegal aliens could be detained indefinitely, regardless of whether they had ties to terrorist groups.xxxiv Ashcroft allowed the government to monitor communications between an attorney and his or her client. Affected parties, such as family members, charged that the policies were unconstitutional and in violation of civil liberties. To this day, the DHS holds the power to deport and detain any immigrants who are deemed to have false documentation. With the unexpected changes in laws and policies affecting immigrants, the fate of the 275 Koreans remained unknown.
**Finding Customers in the U.S.
Not all who received their green cards from Choe and Lee were initially from Korea. Some had already been in the U.S. with expiring or temporary visas. In 1993, Seong Soon Han, a Vacaville violinist, and her husband decided to make Northern California their permanent home. They had been there on temporary visas. Han found an ad in the newspaper that advertised KOAM Immigration Services promising green cards. They soon met with the immigration broker Lee, who showed them a fistful of green cards he had arranged. His price was high but showed promise. Han’s husband had $60,000 wired from Seoul, Korea to pay Lee, and the couple soon received their LPR. A few years after they received their residency, they came across a Korea Times article about a green card scam involving an INS agent and immigration brokers, which included Lee.xxxv Han immediately called attorney Alex Park, and was informed that the couple’s names were on the list of 275. At the time, they were not contacted by the INS but waited in fear. They looked for alternatives and consulted a lawyer in Canada who told them he could secure legal documents for them.xxxvi The situation angered Han’s husband: “We had our little dreams of being American citizens, just like everybody else. We’re good people, but now the government treats us like criminals.”xxxvii Their whereabouts today are unknown, but their visas expired in 2003 without the possibility of renewal for ten years.xxxviii
Park made a statement about the people who purchased their green cards from Sustaire: “These people are conservative. They’d do anything they could to avoid such risk. Why take part in a crime if you had the chance to achieve the same end legally?” He explained the situation as a Catch-22: “The government is demanding that they prove their innocence, but the very documents they could use as part of their defense have been destroyed by their accuser. They’re being cheated out of their due process rights.”
Choe admitted during his criminal case that clients were unaware of the scam. The INS however, contended that the immigrants knew what they were getting into and were willing participants.xxxix Choe worked closely within the Korean community to attract potential customers. One victim, Kim, regretted the day he joined Young Kwang Presbyterian Church, a now-defunct Korean church in Cupertino, CA.xl Kim placed complete trust in Choe, at the time a deacon at the church, his wife, and his sister-in-law. He soon received his visa. The three were well known in Silicon Valley’s tightly knit Korean community for successfully obtaining legitimate green cards for immigrants seeking permanent residency.xli
Another immigrant, H.K. Kim, consulted church members for advice when he came to the U.S. He arrived on an H-1B visa, working temporarily for an employer, and decided he wanted to stay. In 1993, he met Choe at the church and paid him $12,000 for a green card. By 2003, H.K. Kim was settled and owned a medical-instrument exporting business in San Jose, CA, when he discovered that his documentation was fraudulent.xlii
Both brokers, Choe and Lee, had their tactics to attract customers. Choe and his accomplices knew the immigration status of many church members and took advantage of them. Lee worked with KOAM and used newspaper ads to find his customers.
**Grim Chance for Success
If Sustaire had not burned the evidence, the 275 Korean immigrants he victimized might have used it in preparing their defense. Many on the list were eligible applicants who could have received green card without Sustaire’s aid. They argued they were unaware of the scam. Without the original documents however, most remained helpless. Attorney Alex Park represented the majority of the clients involved in the scheme and has had few positive results. In a removal/deportation proceeding, ‘adjustment of status’ is possible. Park said in an interview: “In simpler expression, you can always get to another green card during the deportation process. So successful cases are those that were terminated, when we got to another green card.”xliii
It is not as simple of a process as it sounds however. Laws have changed since the DHS assumed jurisdiction over immigration matters.xliv The removal proceedings initiated by the DHS follow the following procedural path:
1. Immigration Court
2. Board of Immigration Appeals
3. U.S. Court of Appeals
4. U.S. Supreme Court
During the contested hearing period at Immigration Court, the 275 Koreans could have applied for ‘adjustment of status.’ They could have used the I-140 (employment based) or I-130 (family based) documents to reapply for a new green card.xlv This right to relief, however, no longer exists once the initial Immigration Court hearing has ended and the Respondent Alien begins to file for the appeals process. The hearing at the Immigration Court is quick and one must appeal their case once the hearing ends. Otherwise, they will face certain deportation. They had ninety days to file with the Supreme Court once they lost their case at the Court of Appeals.xlvi
Most of the 275 immigrants were unaware of their ability to reapply for another green card during the initial hearing. Many were even unaware they had fraudulent green cards. It was too late to take advantage of the ‘adjustment of status’ by the time they realized what had happened. Simply put, they believed they were not in the wrong and justice would have prevailed.
Several had tried alternatives like marriage to stay in the U.S. in later parts of the removal proceedings. The DHS however, rejected any attempts to extend their residency that happened after the initial hearing. All marriages made following the first stage were voided.
** Support for the Remaining
Y.K. Kim, a 26-year-old Bay Area woman was the first to be deported. She was arrested in 2001 at the San Francisco International Airport when she walked off Korean Air Flight 23, returning from Seoul.xlvii The government said under immigration law, “Kim bears the burden of demonstrating her innocence.”xlviii Kim received her green card with her mother in 1991. The prosecutors never proved that Kim knew her documents were obtained from a bribe. Attorney Park made this statement after losing the case: “In this country, you are innocent until proven guilty. But these people are summarily being declared guilty and the government is challenging them: ‘Go ahead, prove to us that you’re innocent.’”xlix The case gained more widespread public interest after Kim was deported in 2002. Many news articles were being published, Park was getting interviewed, and several government officials set out to change the outcome of the remaining immigrants that faced the same destiny as Kim.
San Mateo Daily Journal reported on January 24, 2003, of two representatives, Michael M. Honda and Zoe Lofgren, who tried to help the victims of Sustaire. The two legislators sent a letter to Ashcroft asking him to delay the deportation of the 275 Korean immigrants who received illegitimate green cards. In the letter, Honda mentioned: “It is incumbent that the burden be placed upon the government to prove actual fraud by the immigrant before deportation occurs.”l A month later, Assemblyman Manny Diaz (Democratic, San Jose) and Assemblywoman Carol Liu (Democratic, Los Angeles) wrote a resolution, which also asked Ashcroft to review the case judiciously: “These immigrants thought they were going through a legal process and then they find out it was a scam. I don’t think it’s right that the INS is now trying to deport them.” The Mercury News reported that INS spokeswoman Sharon Rummery declined to discuss the resolution, and the spokesman for Ashcroft could not be reached for comments. Attorney Park commented on the assembly saying: “They are asking the attorney general to do what is right, every single effort is going to make a difference in finding a solution.”
The victims also received support from several Korean American ministers and Santa Clara County officials. Reverend Duksoo Kim, president of the South Bay Korean American Minsters Association said, “This just doesn’t involve 275 people – our whole community is affected.” Another reverend added, “Some of these people have small children. They have been in America many years. They are good people who work hard and pay taxes. They do not deserve to be treated this way.”li
Honda believed the steps the government took were unfair and said: “The attitude Ashcroft has taken is, ‘If in doubt, deport.’ There’s a sense that it’s easier in this administration to err in deporting someone rather than considering leniency.”lii Even with support, the usual outcome for the 275 immigrants was deportation.
**Against the Illegal Immigrants
Although many were sympathetic toward the victims of the scam, others have said they have no excuse. Immigration Attorney Michael Gurfinkel published an article involving the 275 on March 13, 2005. He showed sympathy towards the victims stating: “These aliens were clearly victims of immigration fraud committed by unscrupulous immigration consultants and a corrupt immigration employee.”liii He did mention, however, that they should have known better than to trust immigration consultants promising a fast and sure green card.liv He agreed with the green card recipients who claimed they were unaware their documents were fraudulently obtained, but he still blamed the unsuspecting victims for being ignorant of such scams: “There are no ‘secret laws.’ Nor do immigration consultants have ‘secret’ ways to obtain fast and legitimate visas. Such shortcuts are often illegal.”lv
Others were not so sympathetic toward the victims. Virginia Kice, a spokeswoman for U.S. Immigration and Customs Enforcement, acknowledged that many children who did not knowingly break the law have been swept up in the enforcement net.lvi She believed however, that this was no excuse: “Children often suffer the consequences of their parents’ bad decisions. But if we extend benefits to them, we lose our credibility.”lvii Kice wanted to make an example of the 275 immigrants that had been involved with the scam.
Outcomes for most of the case were in favor of Kice. INS officials brought in a half-dozen new agents to help round up the immigrants for hearing.lviii By January 2003, one was deported and fourteen faced deportation. Just a month later, at least two-dozen faced deportation.lix As of 2005, at least twenty-four of the victims have been deported.lx Many were children who lived the majority of their lives in the United States. Since then, several cases have been appealed to the Supreme Court but met the same end as the Court of Appeals on the grounds that the defendants did not provide any new evidence. As the number of deportees continued to grow, they feared that the INS agents would come looking for them.
**Legal Perspective
Having a lawyer to consult was crucial for defendants in this case. Without one, the victim was usually detained and deported almost immediately. The government does not provide a public defender for a removal proceeding. Immigration lawyers such as Park charged around $30,000 to take the case.lxi
Park represented 141 clients by 2005, and now represents the majority of the 275. One of his clients was the material witness in the criminal case of U.S.A. v. Daniel Lee. He was present when the hand-written list of the 275 names that had been used to incriminate Lee was handed over to the INS. There was some orderly process for deportation during the early stage, but no one was arrested.lxii Everyone on the list was questioned as to how they obtained their green card. Park said: “Reaction was total denial for almost everyone.” He also had the chance to cross-examine Sustaire during the removal proceedings but was unable to gain evidence to help his clients.
In 2003, National Public Radio’s Lynn Neary interviewed Park about the case involving the 275 green card holders. Neary asked: “Do you think that all 275 people were completely innocent in this scam? That no one knew?” Park replied: “I believe for a scam like this to work, there must be a demand on the side of the consumers. I’m fully aware; I’m not that naive. The main reason we are not seeking class action suit in this case is because we did not want to put the bad seed along with the good ones.”lxiii Like the government, Park found it hard to believe that all the clients were unaware of the scam. How else was there a truck driver that received his visa as a research professor?lxiv Park still believed that it was still unfair to deport all 275 Korean immigrants.
Park has had some emotional expense while representing so many clients. Some of his clients suffered divorce during the trials; departures back to Korea, and two of his active clients passed away during the removal procedures.lxv
While the supporters saw it from a sympathetic perspective, Park saw the case from a legal perspective. He explained that there was no real case for the 275 that have been caught with fraudulent documentations. The Immigration and Nationality Act states this section for the victims: Section 237(a)(1)(A) – alien not in possession of valid visa or passport.lxvi Park said many of the cases skipped a process: “There was no petition that was filed and everyone just went directly to adjustment. Therefore, the case cannot be won on its merits if you were to argue the integrity of the original applications since they were flawed to begin with.” Two things are needed to receive a valid visa: (1) a legitimate petition that is approved before you can (2) adjust your status with the INS. All 275 cases have skipped step one by Sustaire, Lee, and Choe.lxvii Having a lawyer ultimately extended their stay in the U.S., but it did not ensure any permanent status. Legislation is the only remaining hope for the remainder of the 275 that are still in the U.S.
**Diminished Hope & Legislation
Honda and Lofgren both understood that deportation would devastate the lives of hundreds of families. Their main goal was to provide a “fair and orderly” case-by-case trial. On March 7, 2007, Honda introduced H.R. 1379 to provide for immigration relief in the case of certain immigrants who are innocent victims of immigration fraud.lxviii The 275 Koreans hoped for this legislation to pass. J.S. Kim had been in the U.S. since he was nine years old. He received his masters in behavioral neuroscience at the University of California, San Diego. He hoped of one day becoming a doctor but was unable to apply for medical school or employment because he lacked a valid green card by the time he graduated. He made this statement: “I barely speak Korean, but I’m afraid I might have to go back there (Korea) and start over. Right now, I’m just waiting. Hopefully, Mr. Honda’s bill will be able to help us.”lxix
Another masters student at Brigham Young University lived in the U.S. since he was six years old. He commented: “Every waking moment I’m overwhelmed… The past four years have been the most difficult time for my family and me. All I desire at this time is for us to have a peace of mind and comfort… without the fear of being deported and stripped away of all that we had worked for.” He does not understand how the government could punish him and his family for a crime they had no knowledge of.
Honda’s legislation would have restored the status of the victims as if the fraud had never occurred. Regardless of what the immigrants felt, the House Judiciary Committee rejected the H.R. 1397. It never made it to the House of Representatives or the Senate. Honda stated: “The most innocent victims are the children. This is clear injustice, and I will continue to work to find peace of mind for these families.” Honda however, has not made any effort after the bill was rejected.
There was a more recent effort to grant relief for some of the children of immigration fraud. The Development, Relief and Education for Alien Minors (DREAM) Act was aimed at the children of illegal immigrants. If enacted, it would have allowed children of the illegal immigrants to continue their residency in the U.S. as long as they met these qualifications: having entered the U.S. before the age of 16; present in the U.S. for at least five consecutive years; must have graduated from a U.S. high school, or obtained a GED, or have been accepted into an institution of higher education.lxx Although this Act was not aimed at the particular scam involving fraudulent green cards, it would have prevented the deportation of several children. The DREAM Act was a failure however; the Senate voted down the bill in late December of 2010.
These legislation were not an act of amnesty and would have provided relief for many going through trial. If the 275 had known their documentation was fraudulent before Sustaire had turned himself in, they could have applied for amnesty. Amnesty, however, does not apply to those who are already in removal proceedings. Many gave up hope and have already left the U.S. Others hope for a legislation to pass that grants them relief. President Barack Obama proposed that he will “have a pathway to citizenship over the course of ten years.”lxxi The order of deportation has been issued on most remaining in the U.S., and they do not have the luxury of time and effort required to plead their case.
**The Children of the Immigrants
Jung Hwan Kim is a typical child that had been victimized by his parent’s decision to obtain residency through Sustaire. He has no personal history, friends, or family in Korea.lxxii In a 2005 LA Times Article, he stated: “Korea is not home to me… Going back alone is hard enough, but once I get there, I have to do three years in the army, in a country I no longer consider my own.” Many children face this dilemma. Most of them integrated into the U.S. and consider it their home. They have recited The Pledge of Allegiance throughout school, worked, and paid taxes. They now face a major dilemma: either go back to Korea and essentially start over, or stay in the U.S. illegally and hope one day, they are pardoned of their parent’s crime.
Not all were fortunate to just face deportation. One victim, Kaesun Song Douglas, also known as Sunny, was held at the detention center in Elroy, Arizona. Her mother-in-law, Ms. Douglas, contacted the Bureau of Consular Affairs on September 9, 2010.lxxiii She wrote them a summary of what had been going on with Sustaire and the two immigration brokers. She begged of them to reconsider their decision. She stated: “She (Sunny) and my son have been married for over a year now. They are deeply in love and she is part of our family – we love her very much.”lxxiv Sunny had been in the U.S. for over twenty years. She was caught when she decided to go to class to take her final exam.lxxv The INS agents were waiting for her and detained her. Sunny was a student at San Jose State at the time. Ms. Douglas left her full contact information and hoped for the best. Sunny was deported later that month. I was able to get in touch with Ms. Douglas, and she told me her son had moved to Korea to stay with Sunny.lxxvi
Sunny’s mother, who was deported with her son before Sunny, kept her uninformed. Many parents have kept vital information away from their children in hopes of preventing unnecessary fear and panic. When Sunny’s husband looked into the case, he found out that law schools take cases to the Supreme Court. Ms. Douglas said: “I have read Stanford University has the best odds of winning, and if they take your case, they don’t charge you anything.” Most of the immigrants that lost their case in the Court of Appeals did not even know they had ninety days to file with the Supreme Court, let alone that law schools would take their case pro bono. Sunny missed the ninety-day period to file with the Supreme Court.
**Risk of Staying in the U.S.
It became a burden for most parents because their children lived most of their lives in the U.S. and considered it their home country. Some have visited Korea since they came, but would never consider living there. Now, many of them are forced to. All Korean male citizens are required to serve a compulsory three years in the military. Whoever failed to meet this requirement was either jailed or exiled. If they left the country during their removal proceeding, however, the U.S. government considered it as an act of fleeing.lxxvii They were not allowed back onto U.S. soil for ten years.lxxviii The dilemma can be delayed, however, if the child is attending an institute of higher education. The Korean government provided an extension to those that were attending universities.lxxix Many of the students that received extensions have finished school, but their status remains unresolved.
Most of the 275 remaining have been issued an order of deportation, but not all have returned back to Korea. Some remained in the U.S. and stayed hidden from the INS. They were safe from the local police departments that were not notified of the names on the list.lxxx The DMV stayed uninvolved as well; those who have received their California Driver’s License prior to losing their green card were able to renew.lxxxi
Attorney Park advised strongly against applying for jobs for those remaining. The INS had tracked down illegal immigrants through taxes and employment-related documentation. Even without the ability to acquire legal jobs, some risked staying in the U.S. in hopes of a legislation that can restore their previous immigration status.
**Conclusion
The situation was surreal for most children who did not know their parents received fraudulent green cards. Although there was never any way for them to prove their innocence, the case had dragged on for years. They have voiced their opinions and the public listened, but the law remained unchanged. Most of these immigrants lost their privilege to live in the U.S. overnight. We were made examples of as the INS had intended. There were no published articles of families that went back. Even attorney Park was unable to contact his clients once they left: “Once they leave USA, they become un-communicable.”
**Author’s Note
I did not understand how many others shared my situation. I guess it was hard to believe my situation was true until I learned of others who have been deported. My mother does not want me around my permanent address in fear that the INS might find me. At times, I feel that I am the victim of some colossal prank. It really is hard to grasp. I forget especially when I am with my friends that I grew up with.
I did come to a better understanding of the construction of our laws and history. Through this experience, I felt I lived a part of history; I understood the hardships of the past that constructed a society like today. If my comfort and security is to be sacrificed in order to help the next generation build a better society, I would be willing and glad to leave this land. I believe justice prevails in one form or another, and even if they never hear our case, America will prosper.
Sometimes I wonder, ‘What if the terrorists never attacked on 9-11, would our outcome have been different?’ It is a little silly to me, how paper documents can have such a considerable impact on our lives. Our laws, immigration status, and even money are printed on paper. It seems like life is one giant paper chase.
Even before I started writing this paper, I have been mentally preparing to leave this country. I felt graduation was the end of my road. During the course of my last year in college however, I happened to fall in love with a wonderful American girl. It was hard at first, because the burden my situation had put on me. One day, before it got serious, I told her. She listened carefully and said to me, “No one is ever given a situation they cannot handle. Love has no distance.” I will never forget all the amazing people I came across during my stay. Maybe it is time for me to depart, or maybe there are different plans for me here; who knows what the future may hold?
“Keep ancient lands, your storied pomp!” cries she
With silent lips. “Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”
With silent lips. “Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”
-I was arrested in 2003 at LAX from my returning flight from Korea
-My mother was arrested in 2004 for the same reason
-Was unable to fly internationally; missed my father’s funeral in 2005
-Our case was appealed up to the 9th circuit, then to Supreme Court
-My mother married on October of 2009
-Her marriage was voided, and we were issued an order of deportation on January 2010
-I graduated University of California, Santa Barbara March 2011 (If I pass this class)
iii John M. Glionna, “Victims of Green Card Scam in 1990s Being Deported” 2005, <http://articles.latimes.com/2005/feb/22/local/me-immigrant22>
iv John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6>
v “Immigration Explorer,” 2009, < http://www.nytimes.com/interactive/2009/03/10/us/20090310-immigration-explorer.html>
vi Attorney Michael Gurfinkel, “No secret laws for US immigration consultants,” 2005, <http://www.workandliveabroad.com/article_item.php?articledid=142&pageid=262>
vii Found in Section I, Background, under, “United States Court of Appeals For the Eighth Circuit: Sungwook Kim v. Eric H Holder,” 2009, <http://caselaw.findlaw.com/us-8th-circuit/1045585>
viii Found on page 4, John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6/4>
ix John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6 >
x Found on page 3, John M. Glionna, “Victims of Green Card Scam in 1990s Being Deported” 2005, <http://articles.latimes.com/2005/feb/22/local/me-immigrant22/3>
xi John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6
xii Found on page 3, John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6/3>
xiii Found on page 3, John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6/3>
xiv Found on page 3, John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6/3>
xv Found on page 4, John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6/4>
xvi Found on page 3, John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6/3>
xvii Information from attorney Alex Park: Downloadable audio interview with Attorney Alex Park by Lynn Neary, “South Korean Green Card Dispute,” 2003, <http://www.npr.org/templates/story/story.php?storyld=909046>
xviii Downloadable audio interview with Attorney Alex Park by Lynn Neary, “South Korean Green Card Dispute,” 2003, <http://www.npr.org/templates/story/story.php?storyld=909046>
xix Found on page 3, John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6/3>
xx Found on both LA Times article by John M. Glionna and audio interview with Alex Park
xxi Found on page 3, John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6/3>
xxii Found on page 4, John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6/4>
xxiii Researched by Ms. Jeffry Elaine Douglas under section, Comments, “Bureau of Consular Affair,” 2010, <http://www.allgov.com/Agency/Bureau_of_Consular_Affairs>. Information also posted by tonado, a moderator of a forum. Thread: “Immigrants say brokers duped them, blame INS,” 2003. Cited Mercury News, <http://candleforlove.com/forums/index.php?showtopic=1229>
xxiv Personal Interview with: Alex C. Park, Attorney at Law - Law Offices of Alex C. Park, 2011
xxv Mentioned in multiple articles including Gurfinkel’s, Glionna’s, and criminal case of Daniel Lee.
xxvi The victims mentioned in the articles made this statement. Found on page 3, John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6/3>
xxvii “Immigration Laws and Policies Since the (1980s) – The Immigration Act of 1990 (immact) <http://www.libraryindex.com/pages/2409/Immigration-Laws-Policies-Since-1980s-IMMIGRATION-ACT-1990-IMMACT.html>
xxviii Mentioned on the LA Times Article: “Live Found on Green Card Fraud,” 2003 <http://articles.latimes.com/2003/jan/06/local/me-koreans6>, and Michael Gurfinkel, “No secret laws for US immigration consultants,” 2005, <http://www.workandliveabroad.com/article_item.php?articledid=142&pageid=262>
xxix “Illegal Immigration Reform and Immigrant Responsibility Act (iirira) of 1996,” <http://www.libraryindex.com/pages/2411/Immigration-Laws-Policies-Since-1980s-ILLEGAL-IMMIGRATION-REFORM-ANDIMMIGRANT-RESPONSIBILITY-ACT-IIRIRA-1996.html>
xxx Everybody involved were ineligible to renew their green card once the removal proceeding began
xxxi Few were detained in these centers before deportation. Information from deportee, Sunny’s mother-in-law
xxxii Under section, Many Aliens Detained in U.S. Jails, “Illegal Immigration Reform and Immigrant Responsibility Act (iirira) of 1996,” < http://www.libraryindex.com/pages/2411/Immigration-Laws-Policies-Since-1980s-ILLEGAL-IMMIGRATION-REFORM-ANDIMMIGRANT-RESPONSIBILITY-ACT-IIRIRA-1996.html>
xxxiii Some of the 275 names were entered into FBI database. Information found at: USA Patriot Act of 2001, <http://www.libraryindex.com/pages/2413/Immigration-Laws-Policies-Since-1980s-USA-PATRIOT-ACT-2001.html>
xxxiv Under section, Indefinite Detention of Illegal Aliens, “Other Post-9/11 Changes,” <http://www.libraryindex.com/pages/2415/Immigration-Laws-Policies-Since-1980s-OTHER-POST-9-11-CHANGES.html>
xxxv Direct quote of Han in: John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6>
xxxvi We do not know if the Canadian lawyer was able to help with their status
xxxvii Direct quote of Han’s husband in: John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6>
xxxviii Personal Interview with: Alex C. Park, Attorney at Law - Law Offices of Alex C. Park, 2011
xxxix A question that is impossible to prove that has become the main issue in the case. INS claims the consumers knew; the consumers deny they knew about the scam- John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6>
xl The church is mentioned on page 2 of: John M. Glionna, “Lives Founder on Green Card Fraud <http://articles.latimes.com/2003/jan/06/local/me-koreans6/2>. Described in specific by tonado, a moderator on a forum. Thread: “Immigrants say brokers duped them, blame INS,” 2003. Cited Mercury News, <http://candleforlove.com/forums/index.php?showtopic=1229>
xli tonado, a moderator on a forum. Thread: “Immigrants say brokers duped them, blame INS,” 2003. Cited Mercury News, <http://candleforlove.com/forums/index.php?showtopic=1229>
xlii tonado, a moderator on a forum. Thread: “Immigrants say brokers duped them, blame INS,” 2003. Cited Mercury News, <http://candleforlove.com/forums/index.php?showtopic=1229>. Cross-referenced
xliii Personal Interview with: Alex C. Park, Attorney at Law - Law Offices of Alex C. Park, 2011
xliv Homeland Security Act signed by President George W. Bush, 2002. <http://www.libraryindex.com/pages/2414/Immigration-Laws-Policies-Since-1980s-HOMELAND-SECURITY-ACT-2002.html>
xlv I-140: To petition for an alien worker to become a permanent resident in the United States. This form is filed on behalf of an alien, and not by the alien, <http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=4a5a4154d7b3d010VgnVCM10000048f3d6a1RCRD> I-130: For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States, <http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD>
xlvi Personal Interview with: Alex C. Park, Attorney at Law - Law Offices of Alex C. Park, 2011
xlvii John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6>
xlviii Statement by government officials in: John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6>
xlix Statement by Attorney Alex Park in: John M. Glionna, “Lives Founder on Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/06/local/me-koreans6>
l Statement by Democratic Representatives, Michael M. Honda in: San Mateo Daily Journal, “San Jose officials back immigrants,” 2003, <http://smdailyjournal.com/article_preview.php?type=lnews&title=San%20Jose%20officials%20back%20immigrants&id=19883&eddate=01/24/2003>
li Statement by local religious leaders in: John M. Glionna, “Lawmakers, Religious Leaders Fight Deportation Linked to Fraud Case,” 2003, <http://articles.latimes.com/2003/feb/07/local/me-korean7>
lii Statement by Democratic Representatives, Michael M. Honda in: John M. Glionna, “Lawmakers Seek Federal Help for Immigrants in Green Card Fraud,” 2003, <http://articles.latimes.com/2003/jan/23/local/me-koreans23>
liii Attorney Michael Gurfinkel, “No secret laws for US immigration consultants,” 2005, <http://www.workandliveabroad.com/article_item.php?articledid=142&pageid=262>
liv Attorney Michael Gurfinkel, “No secret laws for US immigration consultants,” 2005, <http://www.workandliveabroad.com/article_item.php?articledid=142&pageid=262>
lv Attorney Michael Gurfinkel, “No secret laws for US immigration consultants,” 2005, <http://www.workandliveabroad.com/article_item.php?articledid=142&pageid=262>
lvi Found on page 3: John M. Glionna, “Victims of Green Card Scam in 1990s Being Deported” 2005, <http://articles.latimes.com/2005/feb/22/local/me-immigrant22/3>
lvii Statement by Virginia Kice, Found on page 3: John M. Glionna, “Victims of Green Card Scam in 1990s Being Deported” 2005, <http://articles.latimes.com/2005/feb/22/local/me-immigrant22/3>
lviii Found on page 1: John M. Glionna, “Lawmakers, Religious Leaders Fight Deportation Linked to Fraud Case,” 2003, <http://articles.latimes.com/2003/feb/07/local/me-korean7. Part of the: Illegal Immigration Reform and Immigrant Responsibility Act (iirira) of 1996.
lix Found on page 1: John M. Glionna, “Lawmakers, Religious Leaders Fight Deportation Linked to Fraud Case,” 2003, <http://articles.latimes.com/2003/feb/07/local/me-korean7
lx Information provided by Attorney Michael Gurfinkel, “No secret laws for US immigration consultants,” 2005, <http://www.workandliveabroad.com/article_item.php?articledid=142&pageid=262>
lxi Information provided by clients of Attorney Alex Park
lxii Information provided by - Personal Interview with: Alex C. Park, Attorney at Law - Law Offices of Alex C. Park, 2011
lxiii Response by Attorney Alex Park in: Downloadable audio interview with Attorney Alex Park by Lynn Neary, “South Korean Green Card Dispute,” 2003, <http://www.npr.org/templates/story/story.php?storyld=909046>
lxiv Mentioned on the LA Times Article: “Live Found on Green Card Fraud,” 2003 <http://articles.latimes.com/2003/jan/06/local/me-koreans6>, and Michael Gurfinkel, “No secret laws for US immigration consultants,” 2005, <http://www.workandliveabroad.com/article_item.php?articledid=142&pageid=262>
lxv Information provided by - Personal Interview with: Alex C. Park, Attorney at Law - Law Offices of Alex C. Park, 2011
lxvi Information provided by - Personal Interview with: Alex C. Park, Attorney at Law - Law Offices of Alex C. Park, 2011
lxvii Information provided by - Personal Interview with: Alex C. Park, Attorney at Law - Law Offices of Alex C. Park, 2011
lxviii Legislation H.R. 1397: To provide for immigration relief in the case of certain immigrants who are innocent victims of immigration fraud. http://www.govtrack.us/congress/bill.xpd?bill=h110-1397
lxix Statement by J.S. Kim made before the H.R.1379 was denied; information found in: Washington, DC, “Rep. Honda Introduces Bill Supporting Korean Victims,” 2007, <http://honda.house.gov/index.php?option=com_content&task=view&id=202&Itemid=110>
lxx Information found under Purpose in: “Basic Information About The DREAM Act Legislation,” 2010, <http://dreamact.info/students>
lxxi Statement by: President Barrack Obama, “Immigration Amnesty,” 2010, <http://www.usamnesty.org/>
lxxii John M. Glionna, “Victims of Green Card Scam in 1990s Being Deported” 2005, <http://articles.latimes.com/2005/feb/22/local/me-immigrant22>
lxxiii Posted by Ms. Jeffry Elaine Douglas under section, Comments, “Bureau of Consular Affair,” 2010, <http://www.allgov.com/Agency/Bureau_of_Consular_Affairs>.
lxxiv Statement by Ms. Jeffry Elaine Douglas under section, Comments, “Bureau of Consular Affair,” 2010, <http://www.allgov.com/Agency/Bureau_of_Consular_Affairs>.
lxxv Personal Interview with: Alex C. Park, Attorney at Law - Law Offices of Alex C. Park, 2011
lxxvi Personal E-Mail exchange with Ms. Jeffry Elaine Douglas
lxxvii Personal Interview with: Alex C. Park, Attorney at Law - Law Offices of Alex C. Park, 2011
lxxviii Personal Interview with: Alex C. Park, Attorney at Law - Law Offices of Alex C. Park, 2011
lxxix Information Provided by my mother
lxxx Personal Interview with: Alex C. Park, Attorney at Law - Law Offices of Alex C. Park, 2011
lxxxi Personal Experience with information by attorney Alex Park
