Johny Rachman v. Eric Holder, Jr. ( 2011 )

FILED
NOT FOR PUBLICATION JAN 06 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOHNY RACHMAN, No. 09-71960
Petitioner, Agency No. A043-543-914
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Johny Rachman, a native and citizen of Indonesia, 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 [Rachman] 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 support’s the agency’s determination that the
government met its burden of showing that Rachman lacked a continuous,
uninterrupted intention to return to the United States during the eight years he lived
in Indonesia. See Chavez-Ramirez v. INS, 792 F.2d 932, 937-38 (9th Cir. 1986)
(substantial evidence supported finding abandonment of lawful permanent
residence where alien spent two and a half years in country of citizenship after the
exigency which caused her to return had passed); cf. Khodagholian, 335 F.3d at
1007-09.
PETITION FOR REVIEW DENIED.
2 09-71960