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Constitutional Law Keyed to Farber
Immigration and Naturalization Service v. Chadha
Citation:
462 U.S. 919 (1983)
InstructorMatthew Steinberg
CaseCast™ – "What you need to know"
Facts
Jagdish Chadha, an East Indian born in Kenya who held a British passport, was lawfully admitted to the United States on a non-immigrant student visa. After his visa expired and he was subject to deportation, an immigration judge concluded that Chadha met the statutory grounds for a suspension of deportation. He had resided continuously in the U.S. for over seven years, was of good moral character, and would suffer extreme hardship if deported. Pursuant to the Immigration and Nationality Act, one chamber of Congress had the authority to invalidate this decision by adopting a resolution to that effect. In 1975, Chairman of the Judiciary Subcommittee on Immigration, Citizenship, and International Law, introduced a resolution opposing the granting of permanent residence in the U.S. to six aliens, including Chadha. Chadha and five others did not meet these statutory requirements. The immigration judge ordered Chadha deported. By the time the controversy made its way to the Court of Appeals, the INS had agreed with Chadha and joined his arguments that the House action was unconstitutional.
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