Supreme Court of the United States

Immigration and Naturalization Service v. Phinpathya

January 10, 1984464 U.S. 183

Summary

The Supreme Court held that a three‑month unexplained absence interrupts the statutory “continuous physical presence” requirement of §244(a)(1) of the Immigration and Nationality Act, disqualifying the alien from suspension of deportation. The Court reversed the Ninth Circuit, emphasizing the plain meaning of the statute and rejecting a flexible construction. It remanded for further determination on the continuous‑presence issue.

Holding

  • Does a three‑month unexplained absence from the United States defeat the statutory requirement of “continuous physical presence” for at least seven years under §244(a)(1) of the Immigration and Nationality Act?. Yes. An unexplained three‑month absence interrupts the continuous physical presence requirement, and the alien does not satisfy §244(a)(1).

Docket 82-91

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