Interim Decision #1705 

MATTER OF ALVAlligZ-RIERA 

In Deportation Proceedings 

A-11884468 

Decided by Board February 1, 1967 

Motion to reopen deportation proceedings to permit application for adjustment 

Of status under the Act of November 2, 1085 is denied, without prejudice, in 

the ease of respondent, a Cuban refugee, since he was not 'Inspected and admitted or paroled" into the United States as required by the Act, having last 

entered this country by fording the Rio Grande River on September 9, 1959, at 

which- time he 010 not present himself for inspection by an immigration officer_ 

CHARGE : 

Order : Act of 1952—Section 241 (a) (2) [8 U.S.C. 1251 ( a) (2)1—Entered with. 

out inspection. 

The respondent, a native and citizen of Cuba, has been found deportable under the provisions of section 241(a) (2) of the Immigration and 

Nationality Act in that he entered the United States without inspection. A warrant for his deportation dated October 21, 1959 is outstanding. He has moved for a reopening of the proceeding to permit 

consideration of an application for an adjustment of status pursuant to 

the Cuban Refugee Act of November 2, 1966. The motion was denied 

by the special inquiry officer by an order entered on January 12, 1967. 

The respondent appeals from this order. 

The respondent, a Cuban refugee, last entered the United States 

near the port of Laredo, Texas on September 9, 1959. He forded the 

Rio Grande River and did not present himself for inspection by an 

immigration officer. The respondent concedes that he is deportable as 

charged in the order to show cause. 

The Act of November 2, 1966 provides for the adjustment of status 

of Cuban refugees who have been inspected and admitted or paroled 

into the United States. The special inquiry officer denied the motion 

to reopen inasmuch as the respondent was not inspected and admitted 

or paroled into the United States. The respondent, in his notice of 

appeal (Form I-290A), maintains that the Act of November 2, 1966 

was passed for the benefit of all Cubans who fled from the tyranny of 

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Interim Decision #1705 

Castro; that while in Mexico he attempted. to obtain a visa from the 

American Consul in order to enter the United States lawfully but was 

refused. The respondent informs us that his wife resides with him at 

Philadelphia, Pennsylvania and is employed as a dietician and that he 

has one son who is serving in the United States Army. 

We have carefully reviewed the record before us. While we are sympathetic with the respondent's desire to remain in the United States 

with his family and to become an American citizen, we are not aware 

of any provision under the immigration laws which would permit him 

to adjust his status to that of a permanent resident alien at the present 

time. We will, however, dismiss the appeal without prejudice to consideration of a motion to reopen to apply for such relief as may be 

available in the future. 

ORDER: It is directed that the appeal be and the same is hereby 

dismissed without prejudice to consideration of a motion to reopen to 

apply for such relief as may become available to the alien. 

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