Mrvica v. Esperdy

Background

The case involves a Yugoslav seaman who entered the United States under a temporary landing permit in January 1940 and overstayed. After a deportation warrant issued in September 1942, he signed onto a Yugoslav ship that left in October 1942 and returned in December 1942; he was detained briefly but allowed ashore for medical treatment and has remained in the United States since. Later immigration proceedings produced final deportation orders, and his 1959 deportation order led officials to deny his application under section 249 to be recorded as a lawful permanent resident.

Reasoning

Section 249 requires entry before June 28, 1940, and continuous residence since that entry. The Court accepted that the petitioner met all other requirements but did not have continuous residence because his 1942 departure was treated as an executed deportation. The Court relied on then-applicable law and administrative records showing the warrant marked “executed” and a formal record of deportation, holding that an executed deportation terminates residence and therefore defeats the section 249 claim.

Real world impact

The decision means that departures treated as executed deportations will interrupt the continuous-residence requirement for registry applications. Long-term residents who leave after a deportation order — even briefly — risk losing eligibility under this statute. The ruling affirms the lower courts’ denials in this specific factual setting.

Dissents or concurrances

A dissent argued the record showed the petitioner was merely "reshipped" during wartime, maintained U.S. ties, and therefore did not abandon his actual dwelling place; the dissent would have allowed registry.