Suleeport Mamanee v. Immigration & Naturalization Service

Petitioner, a citizen of Thailand, applied for suspension of deportation. Both the Immigration Judge and the Board of Immigration Appeals denied her application. We affirm.

Petitioner contends that the Board erred in ruling that she is ineligible for discretionary suspensory relief by the Attorney General under Section 244(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1254 (a)(1). This section requires that to get suspensory relief one shall have been “physically present in the United States for a continuous period of not less than seven years” immediately preceding the date of the application. Petitioner also contends that the refusal to suspend her deportation will result in an unconstitutional “de facto deportation” of her child, who, by birth, is a United States citizen.

Petitioner was admitted into the United States in 1967 on a student nonimmigrant visa, valid until 1973. In 1969, while attending school here, she married a fellow student. He too is a citizen of Thailand, here on a nonimmigrant visa. Sometime later, petitioner gave birth, in the United States, to a daughter, Ann Mamanee.

Twice during the period between petitioner’s first entry and November 7,…