Interim Decision #1238 

Mama or OADLB 

In DEPORTATION Proceedings 

A-12867491 . 

Decided by Board August X, 1962 

Since British Honduras is not an "adjacent island" within the purview of section 101(b) (5) of the Immigration and Nationality Act, a native of British 

Honduras is not statutorily Ineligible for adjustment of status under section 

215 (e) of that Act, as amended. 

CHARGE : 

Order : Act of 1252—Section 241 (a) (2) [8 U.S.C. 1251 (a) (2) ]—Nonimmigrant 

• remained longer than permitted. 

This case is before us on appeal from a decision of a special inquiry 

officer denying relief under section 245 of the Immigration. and Nationality Act, as amended [8 U.S.C. 1255], granting voluntary departure and directing that the respondent be deported if he fails to 

depart voluntarily. 

We have carefully reviewed the entire record. The respondent is 

a 38-year-old married male, native and citizen of British Honduras, 

who last entered the United States on June 5, 1960 at which time he 

was admitted as a nonimmigrant visitor for pleasure for a period expiring on ,July 2, 1960. He remained in the United States thereafter 

without authority. The record does not show whether he had been 

in the United States prior to 1960. In his application under 8 U.S.C. 

1255, the respondent stated that his wife was born in the United States. 

Counsel conceded that the respondent is deportable on the charge stated 

in the order to show cause. The sole issue to be determined is whether 

his birth in British Honduras renders him statutorily ineligible to 

secure the status of a permanent resident under 8 U.S.C. 1255. 

Subsection (a) of 8 U.S.C. 1255 was amended on August 21, 1958 

(Public Law 85400; 72 Stat. 699) and on July 14, 1960 (Public Law 

86-648; 74 Stet. 505). The Service does not claim that the respondent 

is statutorily ineligible under that subsection but only under subsection (c). 8 U.S.C. 1255 (c) was added by the Act of August 21, 1958, 

40 
Interim Decision #1238 

supra, and provides : "The provisions of this section shall not be applicable to any alien who is a native of any country contiguous to 

the United States, or of any adjacent island named in section 1101 

(b) (5) of this title." 8 U.S.C. 1101(b) (5) provides as follows: 

(5) The term "adjacent islands" includes Saint Pierre, Miquelon, Cuba, the 

Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the 

Windward and Leeward Islands, Trinidad, Martinique, and other British, French, 

and Netherlands territory or possessions in or bordering on the Caribbean Sea. 

The special inquiry officer held that British Honduras is a British 

territory or possession bordering on the Caribbean Sea and that it is 

within the defined term "adjacent islands" although actually it is not 

an island. The Service urges that we accept this ruling. Counsel 

submitted a brief, but neither party has referred us to anything in 

the legislative history of these statutory provisions which would be 

helpful in determining -whether it was or was not the Congressional 

intent to include British Honduras in the term "adjacent islands". We 

have also found nothing of value in our own examination of the legislative history. 

A more important consideration is that British Honduras is. in 

truth and in fact, not an island. The word "island" is defined as a 

tract of land surrounded by water. British Honduras, however, is 

not surrounded by water; on the contrary, it is surrounded by land 

with the exception of the northeastern and eastern boundaries which 

are on the Bay of Honduras or Gulf of Honduras. 

Another matter which is of significance is that 13 countries and 

places are specifically named in 8 U.S.C. 1101(b) (5) and that every 

one of these is, in fact, an island or situated on an island. If Congress 

intended that the term "adjacent islands" should include British Honduras which is not an island, it seems unlikely that it -would have 

failed to add this to the list of countries and places named, particularly since Britiab. Honduras appears to be the only British, French 

or Netherlands territory concerning which there would be any 

ambiguity. 

It was suggested that Congress could have avoided the ambiguity 

which has arisen by using the language "other British, French, and 

Netherlands islands", that is, substituting the word "islands" for "territory or possessions" as it appears in the statute. This would, of 

course, be somewhat repetitious. In addition, it seems probable that 

Congress, in precluding adjustment of status for natives of contiguous 

territory and adjacent islands, believed that the travel expense for 

such aliens would not be great. and that they should return to their 

native countries to procure immigrant visas. We believe, therefore, 

that Congress was not attempting to classify British Honduras as an 

41 
Interim Decision #1238 

island when in actuality it is not an island, but that Congress was 

merely distinguishing between those islands which were to be considered adjacent to the United States and those islands which were 

not to be considered adjacent. In addition, "territory or possessions" 

appears to be a more comprehensive term. because in the Caribbean. 

Sea there are various tracts of land entirely surrounded by water which 

do not bear the appellation of "Island" but are instead named "Cay", 

"Bank", or "Reef". 

During the oral argument, counsel and the Service representative 

referred to a regulation which was supposed to have included British, 

French and Dutch Guiana, in the term "adjacent islands", and counsel 

further stated that he believed this Board had corrected the interpretation so that a person from the Guineas could apply for adjustment 

of status under 8 U.S.C. 1255. However, counsel did. not cite the 

supposed regulation nor any decision of the Board concerning the 

matter_ Since British, French said Dutch Guiana are on the mainland 

of South America and do not border on the Caribbean Sea but are 

on the Atlantic Ocean, they clearly would not be within the purview of 8 U.S.C. 1101(b) (5). We do not believe that any decision 

which may have been made with respect to British, French or Dutch 

Guiana would be helpful in this respondent's case. 

For the reasons indicated above, we hold that British Honduras is 

not an adjacent island under 8 U.S.C. 1101(b) (5) and that the respondent is not precluded from adjustment of status by virtue of the 

provisions of 8 U.S.C. 1255 (e). Since the special inquiry officer had 

denied the respondent's application on the ground of statutory ineligibility without reaching the merits of the application or receiving 

evidence in support of the application, we will reopen the hearing 

and remand the case to him for further action. 

ORDER: It is ordered that the hearing be reopened and that the 

case be remanded to the special inquiry officer for further action 

consistent with this opinion. 

42