Hyoun Kyung Lee v. Holder

599 F.3d 973 (2010)

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Hyoun Kyung Lee v. Holder

United States Court of Appeals for the Ninth Circuit
599 F.3d 973 (2010)

  • Written by Haley Gintis, JD

Facts

In 2003, Hyoun Kyung Lee (plaintiff) entered the United States with a six-month visa. Lee remained in the country after her visa expired. In 2005, the government began proceedings for Lee’s removal. In response, Lee sought U-visa interim relief and submitted an application to the US Citizenship and Immigration Services (USCIS) within the Department of Homeland Security (DHS). In the application, Lee claimed that she was a victim of a sex-trafficking ring and would be helpful in a federal investigation. The USCIS denied Lee’s application. The USCIS informed Lee that there was insufficient proof that she suffered substantial abuse as a victim and had information that would help governmental authorities investigate and prosecute the ring. Lee obtained a continuance from an immigration judge (IJ) so that she could gather the necessary documentation. In March 2006, Lee submitted to the USCIS a report by a social worker indicating that she suffered psychological harm as a victim of sex trafficking. Lee did not provide any evidence regarding her ability to assist law enforcement. The following month, the IJ held a hearing. The IJ found that Lee had failed to show that she was eligible for the U-visa interim-relief program and ordered her removal. Lee appealed. The Board of Immigration Appeals (BIA) affirmed. Lee filed a suit against Attorney General Eric Holder (defendant) in the United States Court of Appeals for the Ninth Circuit and petitioned for the court’s review. Lee argued that the IJ erred in not granting her U-visa interim relief and that the requirement concerning providing help to law enforcement was unclear.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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