Patel

Patel v. Holder

Good Law
358 F. App'x 832
United States Court of Appeals for the Ninth CircuitNovember 30, 200907-70621California272 words

Opinion

Opinion

Mahendrakumar Patel, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review “whether substantial evidence supports a finding by clear, unequivocal, and convincing evidence that [petitioner] abandoned his lawful permanent residence in the United States.” Khodagholian v. Ashcroft, 335 F.3d 1003, 1006 (9th Cir.2003). We review de novo due process claims in immigration proceedings. Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

Substantial evidence supports the BIA’s determination that the government met its burden of showing Patel abandoned his lawful permanent resident status because the record does not compel the conclusion that he consistently intended to promptly return to the United States. See Singh v. Reno, 113 F.3d 1512, 1514 (9th Cir.1997) (stating that “[t]he relevant intent is not the intent to return ultimately, but the intent to return to the United States within a relatively short period”); see also Chavez-Ramirez v. INS, 792 F.2d 932, 937 (9th Cir.1986) (holding alien’s trip abroad…

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