This Comment analyzes Kamheangpatiyooth v. INS, which dealt with the question of whether a brief and temporary absence from the United States interrupts continuous physical presence. The author discusses the important factors affecting physical presence and the effects of the Kamheangpatiyooth decision on those factors. The author argues that the Kamheangpatiyooth decision rejuvenated the ameliorative purpose of the suspension of deportation provision. The author concludes that the decision evidences a lenient attitude towards deserving, deportable aliens because aliens will be able to prove more easily both the continuous physical presence and the extreme hardship elements of a prima facia case of eligibility.
Mark W. Anthony,
Suspension of Deportation: A Revitalized Relief for the Alien,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol18/iss1/7