Immigration · Primary-source case analysis

Wang: Conclusory Hardship Claims Did Not Require Reopening

By Aneeta Mishra and Timothy Chan

Published September 5, 2026

INS v. Jong Ha Wang concerned Korean spouses who sought reopening after deportation orders, citing effects on their U.S.-born children, education, a home, and a dry-cleaning business.

The motion sought historical suspension relief

The family invoked the then-existing extreme-hardship standard after the deportation proceedings had ended.

The allegations lacked evidentiary support

Assertions about education and forced asset liquidation were mainly conclusory and were not supported as regulations required.

The agency could define hardship narrowly

The Court emphasized the delegated authority to apply the statutory standard in the first instance.

The reopening order was reversed

The Court held that the Board did not exceed its authority. Current motions require analysis under today’s statutes and regulations.

Key takeaways

• Support each new fact with affidavits and records.
• Connect claimed hardship to the governing relief standard.
• Explain materiality and prior unavailability.
• Use current reopening rules rather than the superseded suspension statute.