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Constitutional Law Keyed to Varat
Immigration and Naturalization Service (INS) v. Chadha
Citation:462 U.S. 919, 103 S.Ct. 2764, 77 L.Ed.2d 317 (1983).
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
After Chadha’s student visa expired, he appeared before the Immigration and Naturalization Service (INS) to show cause why he should not be deported. Chadha filed an application to suspend his deportation under § 244(a)(1) of the Immigration and Nationality Act. To succeed, he needed to prove that deportation would “result in extreme hardship.” Finding that there would be extreme hardship, the immigration judge ordered that his deportation be suspended. The Act provided that, before suspending a deportation, the Attorney General must provide a statement to Congress detailing why the suspension was authorized. Once Congress received the Attorney General’s statement, Congress, under § 244(c)(2) of the Act, could veto the Attorney General’s decision if “either the Senate or the House of Representatives passes a resolution stating . . . that it does not favor the suspension.” Pursuant to this power, the House passed a resolution opposing the Attorney General’s decision to suspend Chadha’s deportation.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.