Johny Rachman v. Eric Holder, Jr.

408 F. App'x 42

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 6, 2011
• Docket: 09-71960
• Status: Unpublished

Opinion

MEMORANDUM **

Johny Rachman, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. “[W]e review for whether substantial evidence supports a finding by clear, unequivocal and convincing evidence that [Rachman] 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 support’s the agency’s determination that the government met its burden of showing that Rachman lacked a continuous, uninterrupted intention to return to the United States during the eight years he lived in Indonesia. See Chavez-Ramirez v. INS, 792 F.2d 932, 937-38 (9th Cir.1986) (substantial evidence supported finding abandonment of lawful permanent residence where alien spent two and a half years in country of citizenship after the exigency which caused her to return had passed); cf. Khodagholian, 335 F.3d at 1007-09.

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.