United States Ninth Circuit

Petition for review of a BIA decision ordering petitioner's removal for violating his student visa is denied, where: 1) petitioner did not qualify for the continuous presence exception available to aliens who served in active duty in the United States Armed Forces, under 8 U.S.C. section 1229b(d)(3), because he was absent from this country while completing mandatory military service in the South Korean armed forces; and 2) Congress had a rational basis for limiting the exception to aliens serving in the U.S. military.

Appellate Information

• Decided 03/26/2013
• Published 03/26/2013

Judges

Court

• United States Ninth Circuit

Counsel