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Legislation and Regulation Keyed to Manning, 5th Ed.
Immigration and Naturalization Service v. Chadha
Citation:
462 U.S. 919 (1983)Facts
Jagdish Rai Chadha, an East Indian born in Kenya holding a British passport, was lawfully admitted to the United States in 1966 on a nonimmigrant student visa which expired in 1972. In deportation proceedings, the Immigration Judge suspended his deportation under §244(a)(1) of the Immigration and Nationality Act after finding that Chadha met the statutory requirements: he had resided continuously in the U.S. for over seven years, was of good moral character, and would suffer “extreme hardship” if deported. As required by §244(c)(1), the Attorney General reported this suspension to Congress. In December 1975, the House of Representatives passed a resolution disapproving the suspension of Chadha’s deportation, exercising its authority under §244(c)(2). This resolution was not submitted to the Senate or presented to the President. Following the House veto, deportation proceedings were reopened, and Chadha was ordered deported. After exhausting administrative remedies, Chadha challenged the constitutionality of §244(c)(2) in the Court of Appeals, which ruled in his favor.
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