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Birem v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 18, 2018
No. 15-73480 (9th Cir. Jun. 18, 2018)

Opinion

No. 15-73480

06-18-2018

FAYCAL BIREM, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A055-042-094 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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.


Summaries of

Birem v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 18, 2018
No. 15-73480 (9th Cir. Jun. 18, 2018)
Case details for

Birem v. Sessions

Case Details

Full title:FAYCAL BIREM, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jun 18, 2018

Citations

No. 15-73480 (9th Cir. Jun. 18, 2018)