of title 28, United States Code.SIII In the case of a petition for enforcement, under subsection (a) of this section, the petitioner shall file with his petition a statement under oath setting forth in full the facts and circumstances upon which he relies to show the failure or refusal of the Attorney General to obey the order of the Board. Upon the filing of such petition the court shall have jurisdiction of the proceeding, which upon the filing of the record with it shall be exclusive, and shall have power to affirm, modify, or set aside, or to enforce or enforce as modified the order of the Board SIII The findings of the Board as to the facts, if supported by reliable, substantial, and probative evidence, shall be conclusive.

(d) If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board or its hearing examiner, the court may order such additional evidence to be taken before the Board or its hearing examiner and to be made a part of the record. The Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact

SIIIA

SIII Prior to their amendment by the Act of August 28, 1958 (72 Stat. 950), see SIII-79, the third and fifth sentences of subsection (c) read as follows:

(c) *** The Board shall thereupon file in the court a duly certified transcript of the entire record of the proceedings before the Board with respect to the matter concerning which judicial review is sought, including all evidence upon which the order complained of was entered, the findings and order of the Board. * Thereupon the court shall have jurisdiction of the proceeding and shall have power to affirm, modify, or set aside, or to enforce or enforce as modified the order of the Board. BIII Prior to its amendment by the Act of August 28, 1958 (72 Stat. 951), see SIII-79, the first sentence of subsection (d) read as follows:

(d) If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board or its hearing examiner the court may order such additional evidence to be taken before the Board or its hearing examiner and to be made a part of the transcript. * *

if supported by reliable, substantial, and probative evidence on the record considered as a whole shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in title 28, United States Code, section 1254.

*

Act of June 27, 1952

(66 STAT. 163)

[See 1953 Ed., pp. 5, 17-19, 30-33, 40, 48, 79, 82, 97, 100, 131, 141, 143, 175, 183–185, among others; and SII-12, SII-13]

As amended by the Acts of September 3, 1954 (68 Stat. 1146), see SII-32; September 3, 1954 (68 Stat. 1226), see SII-32; July 18, 1956 (70 Stat. 567), see SIII-51; September 11, 1957 (71 Stat. 639), see SIII-60; July 7, 1958 (72 Stat. 339), see SIII-69; August 8, 1958 (72 Stat. 546), see SIII-72; August 20, 1958 (72 Stat. 687), see SIII-73; August 21, 1958 (72 Stat. 699), see SIII-74; March 18, 1959 (73 Stat. 4), see SIII-82; August 4, 1959 (73 Stat. 274), see SIII-83; and September 22, 1959 (73 Stat. 644), see SIII-86. See also Acts of June 18, 1954 (68 Stat. 264), see SII-18; sec. 4, September 3, 1954 (68 Stat. 1145), see SII-31; March 16, 1956 (70 Stat. 50), see SIII-48; July 14, 1956 (70 Stat. 535), see SIII-130; sec. 21, Act of July 7, 1958 (72 Stat. 351), see SIII-70; July 18, 1958 (72 Stat. 375), see SIII-70; July 25, 1958 (72 Stat. 419), see SIII-71; September 2, 1958 (72 Stat. 1712), see SIII-80; and sec. 19, Act of March 18, 1959 (73 Stat. 12), see SIII-83.

Immigration and Nationality Act

(36) The term "State" includes (except as used in section 310(a) of title III) the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the United States. Se

8lb See sec. 14 of the Act of September 11, 1957 (71 Stat. 643), SIII-67.

BIIIe "Alaska," ,"deleted by sec. 22 of the Act of July 7, 1958 (72 Stat. 351), see SIII-70; "Hawaii," deleted by sec. 20 (a) of the Act of March 18, 1959 (73 Stat. 13), see SIII-83.

(1) The term "child" means an unmarried person under twenty-one years of age who is

(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred; or sina

(D) an illegitimate child, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother; SIIIe

(E) a child adopted while under the age of fourteen years if the child has thereafter been in the legal custody of, and has resided with, the adopting parent or parents for at least two years: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act.s SIIIe

(b) The Commissioner shall be a citizen of the United States and shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate of $17,500 per annum.si He shall be charged with any and all responsibilities and authority in the administration of the Service and of this Act which are conferred upon the Attorney General as may be delegated to him by the Attorney General or which may be prescribed by the Attorney General.

BIII Prior to its amendment by sec. 1 of the Act of September 11, 1957 (71 Stat. 639), see SIII-60, sec. 101 (b)(1)(B) read as follows:

(B) a stepchild, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred; or

SIIIe Subparagraphs (D) and (E) added to sec. 101 (b) (1) by sec. 2 of the Act of September 11, 1957 (71 Stat. 639), see SIII-61.

81111

Title II-Department of Justice of the Act of June 30, 1958 (72 Stat. 251), provides that the compensation of the Commissioner of the Immigration and Naturalization Service shall be $20,000 per annum.

39 Stat. 889. 8 USC § 155.

62 Stat. 1009. 50 USC App. § 1951 note.

Sec. 201. *

(e) The quota numbers available under the annual quotas of each quota area proclaimed under this Act shall be reduced by the number of quota numbers which have been ordered to be deducted from the annual quotas authorized prier to the effective date of the annual quotas proclaimed under this Act under

(1) section 19(c) of the Immigration Act of 1917, as amended:

(2) the Displaced Persons Act of 1948, as amended; SIIIg and

(3) any other Act of Congress enacted prior to the effective date of the quotas proclaimed under this Act.

Sec. 203. (a) Immigrant visas to quota immigrants shall be allotted in each fiscal year as follows: siih

(1) The first 50 per centum of the quota of each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (2) and (3), shall be made available for the issuance of immigrant visas (A) to qualified quota immigrants whose services are determined by the Attorney General to be needed urgently in the United States because of the high education, technical training, specialized experience, or exceptional ability of such immigrants and to be substantially beneficial prospectively to the national economy, cultural interests, or welfare of the United States, and (B) to qualified quota immigrants who are the spouse or children of any immigrant described in clause (A) if accompanying or following to join him si

(2) The next 30 per centum of the quota for each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (1) and (3), shall be made avail

SIE See sec. 10, Act of September 11, 1957 (71 Stat. 642), SIII-65. sith See sec. 12, Act of September 11, 1957 (71 Stat. 642), SIII-66. Also see sec. 2, Act of August 21, 1958 (72 Stat. 699), SIII-75, which amended the Act of September 11, 1957 by inserting sec. 12A.

SIIII Sec. 3 of the Act of September 11, 1957 (71 Stat. 639), see SIII-61, amended sec. 203 (a) (1) by striking out "him.” and inserting in lieu thereof the following: "or following to join him.".

able for the issuance of immigrant visas to qualified quota immigrants who are the parents of citizens of the United States, such citizens being at least twenty-one years of age or who are the unmarried sons or daughters of citizens of the United States.s

(3) The remaining 20 per centum of the quota for each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (1) and (2), shall be made available for the issuance of immigrant visas to qualified quota immigrants who are the spouses or the unmarried sons or daughters sk of aliens lawfully admitted for permanent residence.

(4) Any portion of the quota for each quota area for such year not required for the issuance of immigrant visas to the classes specified in paragraphs (1), (2), and (3) shall be made available for the issuance of immigrant visas to other qualified quota immigrants chargeable to such quota. Qualified quota immigrants of each quota area who are the brothers, sisters, married sons or married daughters of citizens of the United States shall be entitled to a preference of not exceeding 50 per centum of the immigrant visas available for issuance for each quota area under this paragraph, and such preference shall be available to the spouses and children of such qualified quota immigrants if accompanying them. (b) *

(c) sm Quota immigrant visas issued to aliens in the classes designated in paragraphs (2), (3), and (4) of subsection (a) shall, in the case of each quota, be issued to qualified

81111 Sec. 1 of the Act of September 22, 1959 (73 Stat. 644), see SIII-86, amended sec. 203 (a) (2) by striking out the period and adding the following: "or who are the unmarried sons or daughters of citizens of the United States.".

SIIIK Sec. 2 of the Act of September 22, 1959 (73 Stat. 644), see SIII-86, amended sec. 203 (a) (3) by striking out the word "children" and substituting in lieu thereof "unmarried sons or daughters".

SIIII Prior to its amendment by sec. 3, Act of September 22, 1959 (73 Stat. 644), see SIII-86, this sentence read as follows: "Qualified quota immigrants of each quota area who are the brothers, sisters, sons, or daughters of citizens of the United States shall be entitled to a preference of not exceeding 25 per centum of the immigrant visas available for issuance for each quota area under this paragraph.".

BIII See sec. 4, Act of September 22, 1959 (73 Stat. 644), SIII-87.