In the case of Immigration and Naturalization Service v. Jong Ha Wang et ux., 1980, the U.S. Supreme Court ruled that discretionary relief from deportation under section 212(c) of the Immigration and Nationality Act is not automatically available to all aliens who have lawfully resided in the United States for seven years. The court held that an alien must also demonstrate unusual or outstanding equities to be eligible for this form of relief. In this case, Jong Ha Wang had been a lawful permanent resident in America since his arrival from Korea in 1966 but was ordered deported after being convicted on charges related to theft by check forgery. Despite having lived legally in America for over seven years at the time he sought relief, Mr.Wang's application was denied because he failed to show exceptional circumstances beyond merely living within American borders as required by immigration laws.

In the dissenting opinion for Immigration and Naturalization Service v. Jong Ha Wang et ux., Justice William Rehnquist argued that the majority's decision to allow discretionary relief from deportation under Section 244(a)(1) of the Immigration and Nationality Act was an overreach of judicial authority. He contended that this section should be interpreted narrowly, as it was intended by Congress to apply only in extraordinary circumstances where deportation would result in extreme hardship. According to him, allowing such broad discretion could potentially lead to a floodgate of similar claims from other aliens seeking relief from deportation based on less severe hardships. Furthermore, he believed that such decisions were better left with immigration authorities who have more expertise in these matters than courts do.