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Chavez-Ramirez v. I.N.S., 792 F.2d 932, 936-37 (9th Cir. 1986)

We have previously recognized the widely disparate views of what constitutes a “temporary visit abroad.” See Tejeda v. INS, 346 F.2d 389, 393 n. 3 (9th Cir.1965). And we have cited with approval at least the portion of the Second Circuit's test in United States ex rel. Lesto v. Day that classifies a visit as temporary so long as it is “for a period relatively short, fixed by some early event.” See Alvarez v. District Director of United States Immigration and Naturalization Service, 539 F.2d 1220, 1224-25 (9th Cir.1976); Gamero v. INS, 367 F.2d 123, 126 (9th Cir.1966). We now turn to consider the question of whether a visit can be classified as temporary when, as in United States ex rel. Polymeris v. Trudell, the visit is not fixed by some early event but turns on an event with a reasonable possibility of occurring within a short period of time. ...繼續閱讀

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