Kfeir Levy v. Eric H. Holder Jr.

387 F. App'x 802

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 16, 2010
• Docket: 08-71966
• Status: Unpublished

Opinion

MEMORANDUM **

Kfeir Levy, a native and citizen of Israel, 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 [Levy] 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 agency’s determination that the government met its burden of showing Levy abandoned his lawful permanent resident status be cause the record does not compel the conclusion that he consistently intended promptly to return to the United States. See Singh v. Reno, 113 F.3d 1512, 1514 (9th Cir.1997) (stating 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”); see also Chavez-Ramirez v. INS, 792 F.2d 982, 937 (9th Cir.1986) (alien’s trip abroad is temporary only if he has a “continuous, uninterrupted intention to return to the United States during the entirety of his visit”).

Levy’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

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