BIREM v. SESSIONS III (2018)

MEMORANDUM **

Faycal Birem, a native and citizen of Algeria, 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 [Birem] 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 that Birem abandoned his lawful permanent resident status, where the record does not compel the conclusion that Birem had a continuous, uninterrupted intention to return to the United States during the eight years he lived in Algeria. See Chavez-Ramirez v. INS, 792 F.2d 932, 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”); cf. Khodagholian, 335 F.3d at 1007-09.

PETITION FOR REVIEW DENIED.