The court of appeals granted a petition for review of an order of the Board of Immigration Appeals. The court held that an alien whose abandonment of his status as a lawful permanent resident was not supported by substantial evidence thus retained that status and was not removable.

Salar Khoshfahm was born in Iran. When he was thirteen, Khoshfahm came to the U.S. with his parents. The family became legal permanent residents (LPR). Within a year, however, they returned to Iran to sell property that they owned there.