Eshghan Khodagholian v. John Ashcroft, Attorney General

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that this Court determines intent by considering factors such as “the alien’s family ties, property holdings, and business affiliations within the United States”
• noting that a trip of “unusual duration ... could represent substantial evidence of abandonment”
• accounting for the fact that at least half the time the petitioner was in a foreign country was involuntary due to an unanticipated tax claim
• “[w]hether [the 30 petitioner] abandoned his [permanent residence status] is an intrinsically fact-specific question”
• “[F]rom these facts, it cannot reasonably be concluded that the INS carried its burden by clear, unequivocal, and convinc- ing evidence . . . . Accordingly, we grant the petition for review and vacate the order of removal.”

Source: CourtListener parenthetical corpus (CC0).