Khoshfahm v. Holder, Jr., No. 10-71066 (9th Cir. 2011)
Annotate this CasePetitioner sought review of a decision of the BIA affirming the IJ's finding of removeability and denial of his application for asylum and withholding of removal. The BIA affirmed the IJ's conclusion that petitioner, who lived for approximately six continuous years with his parents in Iran, abandoned his lawful permanent resident (LPR) status. The BIA also affirmed the IJ's determination that petitioner failed to meet his burden of proof as to eligibility for asylum and withholding of removal. The court held that substantial evidence did not support the BIA's determination that petitioner abandoned his LPR status where the government had not met its burden with respect to petitioner's abandonment by imputation and where there was no evidence that petitioner himself abandoned his LPR status. Therefore, petitioner remained an LPR and was not removable.
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