Dong Hyung Lee v. Immigration & Naturalization Service

I respectfully dissent.

Petitioner seeks review of an order of the Board of Immigration Appeals (herein “Board”) denying his motion to reopen deportation proceedings. Said motion was filed for the specific purpose of securing an adjustment of his status for permanent residence under 8 U.S.C. § 1254(a)(1).1

The pertinent provisions of section 1254(a)(1) deal with the issue of whether the deportation of petitioner would result in extreme hardship to him, to his wife or to his child, a citizen of the United States.

The Board determined that petitioner’s motion to reopen proceedings rested solely…