Immigration · Primary-source case analysis

Jong Ha Wang: The BIA Could Construe ‘Extreme Hardship’ Narrowly

By Aneeta Mishra and Timothy Chan

Published May 16, 2026

Immigration and Naturalization Service v. Jong Ha Wang reviewed the denial of reopening sought to pursue suspension of deportation based on claimed hardship.

Reopening required a sufficient prima facie showing

The motion had to allege facts that, if proved, could satisfy the demanding statutory relief standard.

Extreme hardship was not ordinary hardship

The agency could reserve relief for consequences substantially beyond those normally accompanying deportation.

The BIA retained interpretive discretion

The Court accepted the agency’s narrow application of the phrase in the context of discretionary suspension relief.

The allegations did not compel reopening

The family, economic, and educational consequences described were insufficient on the record to establish an abuse of discretion.

Key takeaways

• Tie every hardship fact to the current statutory standard.
• Use detailed declarations and corroborating records.
• Distinguish ordinary removal consequences from exceptional effects.
• Address both prima facie eligibility and discretionary reopening factors.