Karkhanechi

Karkhanechi v. Gonzales

Good Law
176 F. App'x 803
United States Court of Appeals for the Ninth CircuitApril 12, 2006No. 04-75550California267 words

Opinion

Lead Opinion

MEMORANDUM **

Kamran M. Karkhanechi, a native of Iran and citizen of Canada, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) order of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the IJ’s determination of abandonment for substantial evidence. Singh v. Reno, 113 F.3d 1512, 1514 (9th Cir.1997). We deny in part and dismiss in part the petition for review.

The government established that for the six years preceding the commencement of removal proceedings, Karkhanechi’s primary residence, immediate family, employment, and property ties were in Canada and not in the United States. Thus, the evidence established that Karkhanechi’s stay in Canada was not a “temporary visit abroad.” See id. at 1514-15 (holding that the trier of fact should consider the alien’s ties in the United States and the foreign country to determine whether he has maintained an uninterrupted intention to return during the entirety of his trip abroad). Accordingly, substantial evidence supports the IJ’s determination that Karkhanechi abandoned his permanent residence.

We lack jurisdiction to review Karkhanechi’s…

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