Chung Wook Myung v. District Director of the United States Immigration and Naturalization Service

In challenging the respondent’s order that he be deported, the petitioner makes two contentions. He first argues that the Service abused its discretion in denying his application, based upon alleged hardship, for suspension of his deportation. 8 U.S.C. § 1254. In United States ex rel. Hintopoulos v. Shaughnessy, 353 U.S. 72, 77, 77 S.Ct. 618, 621, 1 L.Ed.2d 652 (1957), the Supreme Court wrote: “Suspension of deportation is a matter of discretion and of administrative grace, not mere eligibility; discretion must be exercised even though statutory prerequisites have been met.” In the light of…