Administrative Law Keyed to Lawson
Immigration & Naturalization Service v. Chadha
Chadha was an East Indian who was born in Kenya and held a British passport. He was lawfully admitted into the United States in 1966 on a nonimmigrant student visa, which expired June 30, 1972. On October 11, 1973, the District Director ordered Chadha to show cause why he should not be deported for remaining in the United States longer than permitted. A deportation hearing was held, and the Immigration Judge ordered that Chadha’s deportation be suspended because he met the residency, character and hardship requirements prescribed by Section:244(a)(1) of the Act. The suspension was reported to Congress, as required by Section:244(c)(2) of the Act, and the House of Representatives unilaterally vetoed the suspension. The Ninth Circuit Court of Appeals held that the House was without constitutional authority to order Chadha’s deportation, and that Section:244(c)(2) permitting either the Senate or the House to veto the suspension, violated the constitutional doctrine of separation of powers.
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