Jose Edmund Santos v. Immigration and Naturalization Service, Jose Roberto Murillos v. Immigration and Naturalization Service

These cases are before the court upon separate petitions to review two separate orders made by the Board of Immigration Appeals denying to appellants discretionary relief under section 245 of the Immigration and Nationality Act, 8 U.S.C. § 1255 . This court has jurisdiction under section 106 of the Act, 8 U.S. C. § 1105a, the applications having been submitted during deportation proceedings under section 242(b), 8 U.S.C. § 1252 (b).

The two cases have several facts in common. The appellants, Jose Edmund Santos in No. 20707 and Jose Roberto Murillos in No. 20708, are both natives and citizens of El Salvador. Each entered the United States in July 1964 as a temporary visitor, refused to depart voluntarily from this country on the expiration of his authorized visa, and was thereafter served with an order to show cause charging him with being deport-able as an overstay. During the subsequent deportation proceedings each appellant conceded his deportability, filed an application under section 245 for adjustment of status from non-immigrant to permanent resident, and was granted relief by the special inquiry officer. However, in each ease the Board of Immigration Appeals reversed and…