Mei Yu v. Eric Holder, Jr.

MEMORANDUM

Petitioner Mei Chi Yu challenges the BIA’s determination that she abandoned her lawful permanent resident (“LPR”) status. Yu also challenges the BIA’s determination (1) that she is not eligible for a waiver of inadmissability under § 212(k) of the Immigration and Nationality Act (“INA”) and (2) that, even if she was eligible under the INA, the BIA would not grant one in its discretion. We deny the petition.

This court must uphold the BIA’s determination that Petitioner abandoned her LPR status if “there is (1) substantial evidence that (2) the government has offered ‘clear, unequivocal, and convincing evidence’ of (3) the ultimate finding necessary to support the abandonment of lawful status.” Khoshfahm v. Holder, 655 F.3d 1147, 1151 (9th Cir.2011). To qualify as a returning resident alien, Yu “must be returning to an unrelinquished lawful permanent residence after a temporary visit abroad.” Singh v. Reno, 113 F.3d 1512, 1514 (9th Cir.1997) (internal quotation marks omitted). Her time in Hong Kong “will be considered a ‘temporary visit abroad’ only if [she had] a continuous, uninterrupted intention to return to the United States during the entirety of [her] visit.”…