RODRIGUEZ

12 I. & N. Dec. 549

• Court: Board of Immigration Appeals
• Decided: July 1, 1967
• Docket: 1821
• Status: Published

Opinion

Interim •ecision *1821

MAI.Lea or RODRIGUEZ In Adjustment of Statin Proceedings A-11240700 Decided by Regional Commissioner December 98, 1967 An alien, a native and citizen of Cuba, who arrived in the United States on January 1, 1959, at which time be was'paroled, and who was further inspected and paroled at a later date, has been "inspected and admitted or paroled into the United States subsequent to January 1, 1959" for the purposes.of adjust- . meat of his status pursuant to the provisions of section 1 of the Act of vember 2, 1966.

Discussion: The case comes forward by certification from the Dis- trict Director, San Juan, Puerto Rico, who denied the application on the ground that the applicant has not been inspected and admitted or paroled into the United States subsequent to January 1, 1959, as con- templated by the statute. The applicant is a native and citizen of Cuba, born in' Artemisa, Pinar del Rio, Cuba on November 7, 1919. He last arrived in the United States on January 1, 1959 at New. Orleans, Louisiana and requested political asylum. He was paroled until January 5, 1959 to report to the New York City Office of the Service. However, he actually reported on January 5, 1959 to our Miami Office where his parole was continued indefinitely. On May 4, 1959, pursuant to the applicant's request, he was authorized by our Miami Office to proceed to New York City, The record indicates the applicant was, in effect, reparoled for an indefinite period at New York on May 18, 1959. He was subsequently referred to a Special Inquiry Officer who, on November 8, 1959, found him excludable on documentary grounds and ordered his exclusion and deportation. The applicant declined to appeal, and on November 8, 1959 he was reparoled under section 212(d) (5) of the Immigration and Nationality Act. He has remained in this country in that status until the present time. On February 27, 1967, he made application for adjustment of status to that of a permanent resident under the provisions of section 1 of the Act of November 2, 1966 (Public Law 89-732) , which states in perti- nent part that: 549 Interim. Decision #1821 The status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1, 1959 . . . . may be adjusted . . . . to that of an alien lawfully admitted for per- manent residence if the alien makes an application for adjustment, and the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence. (emphasis supplied). The sole question in the instant case is whether the applicant. has in fact been inspected and admitted or paroled into the United States sub- sequent to January 1,1959. It is well established that an alien who is paroled into the United States has not made an "entry" -within the meaning of the immigration laws (Lent' May Ma v. Barber, 351 U.S. 185 (1958) ). In addition, sec- tion 212(d) (5) of the Immigration and Nationality Act provides that parole of an alien into the United States shall not be regarded as an aralirkisqion, and that when the purpose of the parole has been served, the alien's case shall be dealt with in the same manner as any other appli- cant for admission to this country. Thus, parole upon application for admission clearly contemplates further inspection of the alien as to his admissibility. Section 1 of the Act of November 2, 1966 does not require that the alien must have arrived in the United States subsequent to January 1, 1959. It requires that, subsequent to that date, the alien must have been "inspected and admitted or paroled into the United States". In the case of the applicant, his inspection, which commenced when he arrived in the United States on January 1, 1959, was continued at Miami on Jan- uary 5, 1959. Pursuant to the latter inspection, he was again paroled, this time for an indefinite period. It is concluded that the applicant meets this statutory requirement, as well as the other requirements of section 1 of Public Law 89432. Accordingly, the application will be approved. ORDER: The decision of the District Director, San Juan, Puerto Rico, is reversed, and the application for adjustment of status is approved.