|
|
Ins v. Jong Ha Wang, 450 U.S. 139 (1981)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ins v. Jong Ha Wang, 450 U.S. 139 (1981)
Immigration and Naturalization Service v. Jong Ha Wang No. 80-485 Decided March 2, 1981 450 U.S. 139
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE NINTH CIRCUIT
Syllabus
Respondents, husband and wife who are citizens of Korea and who had been ordered to be deported after an administrative hearing, subsequently moved to reopen the deportation proceedings, seeking a suspension of deportation for "extreme hardship" under § 244 of the Immigration and Nationality Act and applicable regulations. They alleged that deportation would result in extreme hardship to their two American-born children through loss of "educational opportunities," and to themselves and their children from the forced liquidation, at a possible loss, of their assets, which included a home and a dry cleaning business. The Board of Immigration Appeals denied the motion without a hearing, concluding that respondents had failed to establish a prima facie case of extreme hardship. The Court of Appeals reversed, directing that a hearing be held and holding that the extreme hardship requirement of § 244 is satisfied if an alien produces sufficient evidence to suggest that the hardship from deportation would be different and more severe than that suffered by the ordinary alien who is deported.
Held: The Board did not exceed its authority, and the Court of Appeals erred in ordering that the case be reopened. Respondents’ allegations of hardship were, in the main, conclusory and unsupported by affidavit, as required by the applicable regulations. Moreover, the Court of Appeals improvidently encroached on the authority which the Act confers on the Attorney General and his delegates to define "extreme hardship" in the first instance. They may construe the term narrowly should they deem it wise to do so, and their construction and application of the standard should not be overturned simply because the reviewing court may prefer another interpretation of the statute.
Certiorari granted; 622 F.2d 1341, reversed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Ins v. Jong Ha Wang, 450 U.S. 139 (1981) in 450 U.S. 139 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=RGM5B8URA5QBF9Y.
MLA: U.S. Supreme Court. "Syllabus." Ins v. Jong Ha Wang, 450 U.S. 139 (1981), in 450 U.S. 139, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RGM5B8URA5QBF9Y.
Harvard: U.S. Supreme Court, 'Syllabus' in Ins v. Jong Ha Wang, 450 U.S. 139 (1981). cited in 1981, 450 U.S. 139. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=RGM5B8URA5QBF9Y.
|