Hyun Joon Chung, Yang Ja Chung v. Immigration and Naturalization Service

Hyun Joon Chung and Yang Ja Chung appeal the Board of Immigration Appeals’ (BIA) order denying their applications for suspension of deportation. The BIA concluded that the Chungs had failed to show extreme hardship and that they did not merit a favorable exercise of administrative discretion. The Chungs also appeal the BIA’s 1975 order denying their applications for adjustment of status under 8 C.F.R. § 212.8 (b)(4) as investors. The Immigration and Naturalization Service (INS) contests this court’s jurisdiction to review the earlier order.

FACTS

Mr. and Mrs. Chung were admitted to the United States as nonimmigrant treaty traders in 1968. In 1969, Mr. Chung applied for permanent resident status as a chemical engineer. The application was not sup ported by a valid labor certification and was denied. Mr. Chung then obtained employment as a chemical engineer and sue-cessfully moved to reopen his application, While this motion was pending, in April, 1972, he applied for exemption from the labor certification requirements on the ground that he was an investor in a grocery business. On February 20, 1973, the District Director denied the application, finding that Mr. Chung had obtained…