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attorneyappealhearingaffidavitmotionburden of prooftreatydeportationnaturalizationrespondent
attorneyappealhearingaffidavitmotionburden of prooftreatydeportationnaturalizationrespondent

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Li Wang v. Immigration and Naturalization Service

Facts

Respondents, a husband and wife from Korea, entered the U.S. in January 1970 as nonimmigrant treaty traders but overstayed their authorized period. After being found deportable, they applied for adjustment of status but were denied. They subsequently filed a motion to reopen their deportation proceedings, claiming that deportation would cause extreme hardship to their American-born children and themselves. However, their claims were not supported by affidavits or evidence, leading the Board of Immigration Appeals to deny their motion.

Respondents, a husband and wife from Korea, entered the U.S. in January 1970 as nonimmigrant treaty traders but overstayed their authorized period. After being found deportable, they applied for adjustment of status but were denied. They subsequently filed a motion to reopen their deportation proceedings, claiming that deportation would cause extreme hardship to their American-born children and themselves. However, their claims were not supported by affidavits or evidence, leading the Board of Immigration Appeals to deny their motion.

Issue

Did the respondents establish a prima facie case of extreme hardship that would warrant reopening their deportation proceedings under 244 of the Immigration and Nationality Act?

Did the respondents establish a prima facie case of extreme hardship that would warrant reopening their deportation proceedings under 244 of the Immigration and Nationality Act?

Rule

Under 244 of the Immigration and Nationality Act, the Attorney General may suspend deportation if it would result in extreme hardship to the alien or their immediate family, but the alien must provide sufficient evidence to support their claims.

Section 244 of the Immigration and Nationality Act (Act), 66 Stat. 214, as amended, [**1029] 8 U. S. C. 1254 (a)(1) , provides that the Attorney General in his discretion may suspend [*140] deportation and adjust the status of an otherwise deportable alien who (1) has been physically present in the United States for not less than seven years; (2) is a person of good moral character; and (3) is 'a person whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.'

Analysis

The Court determined that the Ninth Circuit erred by requiring a hearing based on the respondents' unsupported claims of hardship. The Board of Immigration Appeals had found that the respondents did not provide sufficient evidence to demonstrate extreme hardship, particularly given their financial resources and the lack of evidence that their children would suffer significant educational deprivation in Korea.

The Court determined that the Ninth Circuit erred by requiring a hearing based on the respondents' unsupported claims of hardship. The Board of Immigration Appeals had found that the respondents did not provide sufficient evidence to demonstrate extreme hardship, particularly given their financial resources and the lack of evidence that their children would suffer significant educational deprivation in Korea.

Conclusion

The Supreme Court reversed the Ninth Circuit's judgment, concluding that the Board of Immigration Appeals acted within its authority and that the respondents did not meet the burden of proof required to reopen their deportation proceedings.

The Supreme Court reversed the Ninth Circuit's judgment, concluding that the Board of Immigration Appeals acted within its authority and that the respondents did not meet the burden of proof required to reopen their deportation proceedings.

Who won?

The Immigration and Naturalization Service prevailed because the Supreme Court found that the respondents failed to establish a prima facie case of extreme hardship, thus upholding the Board's decision.

The Immigration and Naturalization Service prevailed because the Supreme Court found that the respondents failed to establish a prima facie case of extreme hardship, thus upholding the Board's decision.

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