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SUNG v. KEISLER

No. 06-60539.

505 F.3d 372 (2007)

Seung Lyong SUNG and Hyun Sook Sung, Petitioner, v. Peter D. KEISLER, Acting U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

October 22, 2007.

Attorney(s) appearing for the Case

Seung Lyong Sung, Plano, TX, pro se.

Hyun Sook Sung, Plano, TX, pro se.

Edward C. Durant, Civ. Div., Thomas Ward Hussey, Linda Susan Wendtland, U.S. Dept. of Justice, OIL, Washington, DC, Kristi Barrows, U.S. INS, Dallas, TX, Trey Lund, U.S. Imm. & Customs Enforcement, Attn: Carl Perry, New Orleans, LA, for Respondent.

Before GARWOOD, JOLLY and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Seung Lyong Sung and Hyun Sook Sung petition for review of an order of the Board of Immigration Appeals ("BIA") holding that the immigration judge ("IJ") lacks jurisdiction to determine whether an approved visa qualifies for portability pursuant to the Immigration and Naturalization Act, § 204(j), 8 U.S.C. § 1154(j). Further, Seung Lyong Sung seeks review of the BIA's decision affirming...

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