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Administrative Law Keyed to Breyer
Immigration and Naturalization Service v. Chadha
Citation:
462 U.S. 919 (1983)Facts
Jagdish Rai Chadha was admitted to the United States in 1966 on a nonimmigrant student visa which expired in 1972. In deportation proceedings, he conceded deportability but applied for suspension of deportation under §244(a)(1) of the Immigration and Nationality Act. The Immigration Judge found that Chadha met all statutory requirements: continuous residence for over seven years, good moral character, and that deportation would cause “extreme hardship.” The Attorney General recommended suspension of deportation. As required by §244(c)(2), this recommendation was reported to Congress. On December 12, 1975, the House of Representatives passed a resolution disapproving the suspension without debate or recorded vote, effectively vetoing the Attorney General’s decision. Consequently, deportation proceedings were reopened, and Chadha was ordered deported. Chadha challenged the constitutionality of the one-House veto provision, arguing it violated the separation of powers doctrine.
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