Faycal Birem v. Jefferson Sessions ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 18 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FAYCAL BIREM, No. 15-73480
Petitioner, Agency No. A055-042-094
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2018**
Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 15-73480