Verity Gill, and v. Immigration and Naturalization Service, And

Gill seeks review, pursuant to 8 U.S.C. § 1105a, of a deportation order entered against him by the Immigration and Naturalization Service [INS]. He contends that the Board of Immigration Appeals [BIA] erred in finding him statutorily ineligible for adjustment of status. We reverse and remand for further proceedings.

Gill, a 46-year-old married male, is a native citizen of Singapore. He entered the United States at Honolulu, Hawaii, on September 7, 1975, as a nonimmigrant visitor. On October 6, 1976, Gill applied for permanent resident status, asserting eligibility as an investor under 8 C.F.R. § 212.8 (b)(4). Gill’s application was denied by the District Director and an Order to Show Cause was issued against Gill on July 13, 1978. At his deportation hearing, Gill conceded deportability but renewed his application for permanent resident status. The immigration judge denied the application, holding that Gill had failed to establish an investment of $10,000 as of the application date and that Gill could “not use evidence of later years to prop up his October 6, 1976 application.” Administrative Record [AR] at 47 (Oral Decision of the Immigration Judge) (citation omitted). The BIA…