Zoila Cruz Cabrera v. Immigration and Naturalization Service

Petitioner, an alien native citizen of the Philippines, seeks to review an order of the Board of Immigration Appeals, dismissing an appeal from a decision of the Special Inquiry Officer.

The Special Inquiry Officer made two decisions. He denied an application for adjustment of status under Sec. 245 of the Immigration and Naturalization Act, 8 U.S.C. § 1255 . He also denied an application for voluntary departure by petitioner, relying on Sec. 244(e) of the Act, 8 U.S.C. § 1254 (e) and Sec. 101 (f) (2) of the Act, 8 U.S.C. § 1101 (f) (2), on the ground that the requirements of good moral character for eligibility had not been met in that petitioner had committed adultery within five years prior to the application for voluntary departure.

As to the first decision, we affirm the Board. The burden was on the petitioner to establish that his application for adjustment of status to that of a permanent resident was meritorious. On the record which contained numerous facts not set forth herein, the Special Inquiry Officer found lack of merit and the Board affirmed. There was no abuse of discretion.

As to the denial of the application for voluntary departure, we reach a different result.…