King

Plaintiff seeks review of an order of the Regional Commissioner of the Immigration and Naturalization Service issued February 11, 1955 denying his application pursuant to Section 6 of the Refugee Relief Act of 1953, 67 Stat. 403 , c. 366 (50 U.S.C.A.Appendix, § 1971d), for adjustment of his non-immigrant status to that of an alien lawfully admitted for permanent residence.

Section 6 of the Refugee Relief Act provides that any non-immigrant alien within the United States who is found by the Attorney General to meet certain specified requirements may have his case presented to the Congress for it to decide whether he shall be granted permanent residence. By regulation, 8 C.F.R. §§ 481.1-481.11 , the Regional Commissioners of the Immigration and Naturalization Service have been designated as the delegates of the Attorney General to determine whether an applicant meets the requirements specified in Section 6 for referral to Congress.

One of these requirements is that the alien be “unable to return to the country of his birth, or nationality, or last residence because of persecution or fear of persecution on account of race, religion, or political opinion.” It is not disputed that…