Legal Opinion
HERRERA
Board of Immigration Appeals
Decided July 1, 1981No. ID 2853PublishedCited by 3 opinions
1Opinion of the Court
Interim Decision #2853 MATTER OF HERRERA In Deportation Proceedings A-22387924 Decided by Board March 19, 1981 (1) The physical presence requirement of section 244(a)(1) of the Immigration and National. ity Act, 8 U.S.C. 1254(aX1), has not been subject to hard and fast construction. (2) Aliens with 7 years of presence in the United States have been found eligible for sus- pension of deportation so long as no departure was "meaningfully interruptive" of their stays here. (3) In the Ninth Circuit, a departure from the United States meaningfully interrupts an alien's "continuous physical…
2Cases cited15 opinions
- Lutwak v. United StatesSupreme Court of the United States · 1953
- Rosenberg v. FleutiSupreme Court of the United States · 1963
- Percy Briggs Wadman v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1964
- CHOULIARISBoard of Immigration Appeals · 1977
- Sombat Kamheangpatiyooth v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1979
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