Shokati

Shokati v. Mukasey

Good Law
285 F. App'x 431
United States Court of Appeals for the Ninth CircuitJuly 10, 2008No. 04-76409California242 words

Opinion

Lead Opinion

MEMORANDUM *

Hossein Shokati, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ order summarily affirming 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 [Shokati] abandoned his lawful permanent residence in the United States.” Khodagholian v. Ashcroft, 335 F.3d 1003, 1006 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the IJ’s determination that the government met its burden of showing Shokati abandoned his lawful permanent resident status, because the record does not compel the conclusion that he 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 States as soon as possible thereafter”); see also Chavez-Ramirez…

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