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Administrative Law Keyed to Funk
Immigration and Naturalization Service v. Chadha
Citation:
462 U.S. 919 (1983)Facts
Jagdish Rai Chadha was lawfully admitted to the United States in 1966 on a nonimmigrant student visa which expired in 1972. In 1973, the INS initiated deportation proceedings against him. Chadha applied for suspension of deportation under §244(a)(1) of the Immigration and Nationality Act. After a hearing, an Immigration Judge suspended Chadha’s deportation in 1974, finding he met all statutory criteria: 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 deportation for Chadha and five other aliens, exercising its authority under §244(c)(2) of the Act. This resolution was passed without debate or recorded vote. As a result, deportation proceedings against Chadha were reopened, and he was ordered deported. Chadha challenged the constitutionality of the one-House veto provision.
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