Potter Stewart

“ The only issue before the Court is whether a refugee is totally barred from any consideration under § 203 (a) (7) by virtue of resettlement following flight. In view of the language of the statute and its legislative history, I cannot but conclude that under § 203 (a) (7) the respondent was eligible for the adjustment of status that he sought. ”

“ But the Court offers no reason to believe that Congress did not also intend to help those others who have fled their homeland because of oppression, have found a temporary refuge elsewhere, and now desire to immigrate to the United States. Congress may well have concluded that such people should be preferred to immigrants who have not suffered such hardship. ”

“ The District Director denied the respondent's application for adjustment of status because of 'intervening residence in a third country reasonably constituting a termination of the original flight in search of refuge.' An administrative appeal was certified to the Regional Commissioner who held that § 203 (a) (7) does not apply 'to aliens who although they had fled from their own country were later resettled in another country.'
Section 203 (a) (7) contains no requirement that an applicant shall not have 'resettled' prior to his application for conditional entry or adjustment of status. ”