Legal Opinion
GRAVES
Board of Immigration Appeals
Decided July 1, 1985No. ID 3003PublishedCited by 1 opinion
1Opinion of the Court
Interim Decision #3003 MATTER OF GRAVES In Section 316(b) Proceedings A-23443197 Decided by Commissioner November 13, 1985 (1) It is not possible to construe the uninterrupted physical presence requirement of section 316(b) of the Act, 8 U.S.C. § 1427(b) (1982), to allow departures from the United States. INS v. Phinpathya,
464 U.S. 183
(1984), followed; INTERP. 316.1(cX3) overruled. (2) The effect of Rosenberg v. Fleuti,
374 U.S. 449
(1963), cannot be extended to statu- tory schemes which include a rcoplirenacnt of uninterrupted or continuous physi- cal presence. (3) An applicant's failure to…
2Cases cited3 opinions
- Rosenberg v. FleutiSupreme Court of the United States · 1963
- Immigration & Naturalization Service v. PhinpathyaSupreme Court of the United States · 1984
- In re Naturalization of PinnerDistrict Court, N.D. California · 1958
3Cited by1 opinion
- COPELANDBoard of Immigration Appeals · 1988