Kfeir Levy v. Eric H. Holder Jr. ( 2010 )

FILED
NOT FOR PUBLICATION JUL 16 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KFEIR LEVY, No. 08-71966
Petitioner, Agency No. A042-517-270
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 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 [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 because 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 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”).
Levy’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
2 08-71966