Johny Rachman v. Eric Holder, Jr., No. 09-71960 (9th Cir. 2011)

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FILED JAN 06 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOHNY RACHMAN, No. 09-71960 Petitioner, Agency No.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

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