# Jong Ha Wang and Kyung Hwa Wang v. Immigration & Naturalization Service

> Court of Appeals for the Ninth Circuit · June 4, 1980 · 622 F.2d 1341

URL: https://www.frixlaw.com/law-library/cases/9466779

## Case

- **Full name:** Jong Ha WANG and Kyung Hwa Wang, Petitioners, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** June 4, 1980
- **Citations:** 622 F.2d 1341; 1980 U.S. App. LEXIS 16977
- **Precedential status:** Published
- **Opinion:** Dissent by Goodwin
- **Judges:** Wright, Choy, Goodwin, Wallace, Sneed, Kennedy, Anderson, Hug, Tang
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Immigration & Naturalization Service v. Jong Ha Wang, 450 U.S. 139 (1981).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9466779

## How later opinions describe it (automated extraction)

- noting potential hardship to children of Korean descent who speak no Korean

## Opinion text

GOODWIN, Circuit Judge,
dissenting.
The majority opinion is likely to shift the administration of hardship deportation cases from the Immigration and Naturalization Service to this court. The majority purports to hold only that the I&NS must *1352 grant the alien in this case a hearing. The opinion goes on, however, to supply a fairly strong indication how the hearing should turn out.
By using the majority opinion as a blueprint, any foreign visitor who has fertility, money, and the ability to stay out of trouble with the police for seven years can change his status from that of tourist or student to permanent resident without the inconvenience of immigration quotas. This strategy is not fair to those waiting for a quota.
The operations of the I&NS in hardship cases may or may not have followed the intent of Congress. The I&NS may not have satisfied the judges of this court; but I do not believe that judicial dissatisfaction with past performance justifies the change in direction which this court is taking. Congress conferred upon the agency a broad discretion. I would leave that discretion undisturbed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466779. Public record. Not legal advice.