The U.S. Court of Appeals for the 9th Circuit reviewed the matter, wherein hundreds of Koreans received fraudulent green cards through the criminal conspiracy of a former officer of the Immigration and Naturalization Service (“INS”), Leland Sustaire.
The Court found that it did not have jurisdiction when an Immigration Officer commits criminal fraud. The Court did leave open the possibility for the Executive branch of government to step in to rememdy the situation.
9th Circuit: Kim v Holder (fraudulent green card from Immigration Officer) –