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INS v. PHINPATHYA

No. 82-91.

464 U.S. 183 (1984)

IMMIGRATION AND NATURALIZATION SERVICE v. PHINPATHYA

Supreme Court of United States.

Decided January 10, 1984

Attorney(s) appearing for the Case

Elliott Schulder argued the cause for petitioner. With him on the briefs were Solicitor General Lee, Assistant Attorney General Jensen, and Deputy Solicitor General Geller.

Bert D. Greenberg argued the cause for respondent. With him on the brief was Martin Simone.*

JUSTICE O'CONNOR delivered the opinion of the Court.

In § 244(a)(1) of the Immigration and Nationality Act (Act), 66 Stat. 214, as amended, 8 U. S. C. § 1254(a)(1), Congress provided that the Attorney General in his discretion may suspend deportation and adjust the status of an otherwise deportable alien who (1) "has been physically present in the United States for a continuous period of not less than seven years...

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