Eusebio Moreno-Alaniz v. United States Immigration and Naturalization Service

ROBERT MADDEN HILL, Circuit Judge:

Petitioner Eusebio Moreno-Alaniz, conceding his deportability under the charge that in 1976 he illegally entered the United States from Mexico, filed an application for discretionary suspension of deportation and adjustment of his status to that of an alien lawfully admitted for permanent residence pursuant to section 244(a)(1) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1254(a)(1). Finding that under the Supreme Court’s recent decision in INS v. Phinpathya, 464 U.S. 183, 104 S.Ct. 584, 78 L.Ed.2d 401 (1984), Moreno was statutorily ineligible…