So Ngor Cheung v. Mukasey

MEMORANDUM **

So Ngor Cheung, her husband Hon Wah Lau, and their children, petition for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review “whether substantial evidence supports a finding by clear, unequivocal, and convincing evidence that [petitioners] abandoned [their] lawful permanent residence in the United States.” Khodagholian v. Ashcroft, 335 F.3d 1003, 1006 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the • IJ’s determination that the government met its burden of showing petitioners abandoned their lawful permanent resident status, because the record does not compel the conclusion that they consistently intended to return to the United States promptly. 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” and adding that an alien “may extend his trip beyond that relatively short period only if he intends to return to the United…