Tevita Tuituiohu Naufahu v. Immigration and Naturalization Service

Tevita Tuituiohu Naufahu, a native and citizen of Tonga, seeks review of an order of the Board of Immigration Appeals denying his application for adjustment of status to that of permanent resident under Section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255 (a).

Petitioner entered the United States as a nonimmigrant visitor in 1965. Upon expiration of his visa, he was ordered to show cause why he should not be deported. At a deportation hearing in 1967, petitioner conceded deportability but applied for status as a permanent resident. The application was denied because petitioner was ineligible to receive an immigrant visa. Later, after petitioner became eligible for a visa, the proceedings were reopened and this time the petition was denied because a visa was not immediately available to him. Finally, when petitioner met all the preconditions to relief under Section 245(a), the application was again denied for lack of sufficient equities to warrant exercise of administrative discretion under Section 245(a).

Petitioner contends on this review that the discretionary denial of his application was based on insufficient evidence. We have examined the record and…