Constitutional Law Keyed to Chemerinsky
Immigration and Naturalization Services v. Jagdish Rai Chadha
Chadha was an alien who was lawfully admitted into the United States on a non-immigrant student visa. Chadha overstayed his visa and the Defendant, the Immigration and Naturalization Service (Defendant), began deportation proceedings. The Immigration judge found that Chadha met the requirements set out in the Immigration and Nationality Act (the Act) for suspension of deportation. Under the Act, the Attorney General reported the suspension of deportation to Congress. However, the House of Representatives passed a resolution that Chadha did not meet the statutory requirements for suspension of deportation. Neither the Senate nor the President reviewed the decision. Chadha filed a petition with the Defendant and the Defendant agreed that the statute was unconstitutional. The court of appeals held that the separation of powers doctrine was violated by the
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