Goljah-Mofrad

Goljah-Mofrad v. Ashcroft

Good Law
90 F. App'x 233
United States Court of Appeals for the Ninth CircuitFebruary 20, 2004No. 02-73845; Agency No. A43-752-859California1,434 words

Opinion

Lead Opinion

MEMORANDUM *

Abbas Goljah-Mofrad, a citizen of Canada, petitions for review of a final order of removal issued by the Bureau of Immigration Appeals (“BIA”). The BIA affirmed without opinion the decision of the Immigration Judge (“IJ”) finding that Mr. Mof-rad had abandoned his lawful permanent resident (“LPR”) status, denying his application for a waiver to be readmitted to the United States without a reentry document, and ordering him removed from the U.S. For the reasons elaborated below, we deny the petition. As the facts are familiar to *234 the parties, we recount them only as necessary to explain our decision.

I.

Whether Mr. Mofrad abandoned his LPR status is a factual question reviewed under the substantial evidence standard. See Khodagholian v. Ashcroft, 335 F.3d 1003, 1006 (9th Cir.2003) (citing Chavez-Ramirez v. INS, 792 F.2d 932, 934-35 (9th Cir.1986)). Under this standard, we must affirm unless the evidence is so compelling that no reasonable factfinder could fail to find the facts were as Mr. Mofrad alleged. See id. (citing Singh v. Reno, 113 F.3d 1512, 1514 (9th Cir.1997)). The INS has the burden to establish by “clear, unequivocal, and convincing evidence” that…

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