Guerrero-Aguilar

Guerrero-Aguilar v. Mukasey

Good Law
303 F. App'x 376
United States Court of Appeals for the Ninth CircuitNovember 28, 2008No. 06-72200California320 words

Opinion

lead Opinion

MEMORANDUM **

Magdallena Guerrero-Aguilar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) 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 [Guerrero-Aguilar] abandoned [her] lawful permanent residence in the United States.” Khodagholian v. Ashcroft, 335 F.3d 1003, 1006 (9th Cir.2003). We review de novo claims of constitutional violations in immigration proceedings. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the BIA’s determination that the government met its burden of showing Guerrero-Aguilar abandoned her lawful permanent resident status because the record does not compel the conclusion that she consistently intended promptly to return to the United States. See Singh, v. Reno, 113 F.3d 1512, 1514 (9th Cir.1997) (holding 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”…

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