Jong Shik Choe v. Immigration and Naturalization Service

Choe petitions for review of the denial of his motion to reopen his deportation proceedings. He contends that he should have been granted an evidentiary hearing on his application for suspension of deportation. We affirm the denial of his motion.

Choe, a native and citizen of Korea, entered the United States legally as a nonimmigrant student. He was authorized to remain here until April 16, 1974 but stayed longer than permitted. A deportation hearing was held and he was found deportable but granted voluntary departure on or before December 20, 1974.

On October 10, 1975 he filed his first motion to reopen his deportation proceedings and an application for suspension of deportation under § 244(a) of the Immigration and Nationality Act, 8 U.S.C. § 1254 (a). He had just completed the required seven-year period of continuous presence in the United States and alleged extreme hardship to himself because of the loss of the retail business in which he had invested in 1973. The motion was denied, and the petition for review was dismissed because it was not timely filed.

On August 8, 1977 Choe filed his second motion to reopen, incorporating his original application and also alleging…