Eshghan Khodagholian v. John Ashcroft, Attorney General

A non-citizen who has obtained the status of a lawful permanent resident — commonly described as someone who has a “green card” — may lose that valuable status, and the right to remain in this country, if he or she is determined to have abandoned that status. That is the prospect facing Eshghan Khodagholian, a native and citizen of Iran. He petitions for review of a decision by the Board of Immigration Appeals (“BIA”) affirming a determination by an immigration judge (“IJ”) that he was subject to removal because he had abandoned his status as a lawful permanent resident (“LPR”) of the United States. Because we conclude that the government has failed to prove by clear, unequivocal, and convincing evidence that Khodagholian has given up his status as a permanent resident, we grant the petition and vacate the order of removal.

I. BACKGROUND

Khodagholian was admitted to the United States as an LPR on July 5, 1993, when he was 41 years old. He arrived with his wife and their two children, who were also admitted as lawful permanent residents.

Khodagholian admitted that when he and his family first came to the United States, he was not sure whether they would stay, in light…