Victor Anthony Hulse-Guerrero v. Immigration & Naturalization Service

The petitioner, Victor Anthony HulseGuerrero, a native and citizen of British Honduras, appeals from a decision of the Board of Immigration Appeals which denied his requests for discretionary relief under 8 U.S.C. §§ 1251 (f), 1254(e), and 1255.

Under former section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255 (a), the status of certain aliens could be adjusted by the Attorney General in his discretion. However, section 245(c), 8 U.S.C. § 1255 (c), provided:

Thus, as a native of British Honduras and therefore a native of a country of the Western Hemisphere, appellant-petitioner was statutorily ineligible for adjustment of status. The Board of Immigration Appeals relied upon this exclusion in denying him discretionary relief.

On October 20, 1976, while this case was on appeal, the Congress of the United States enacted Public Law No. 94-571, 90 Stat. 2703, which became effective on January 1, 1977. This law abolishes the distinction in treatment of aliens under section 245(c) and makes adjustment of status by the Attorney General equally available to natives of both the Western and Eastern Hemispheres. Petitioner is now entitled to apply for this discretionary…