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Immigration and Naturalization Service v. Chadha

United States Supreme Court
462 U.S. 919 (1983)


Facts

Congress passed § 244(c)(2) of the Immigration and Nationality Act (INA) authorizing one house of Congress, by resolution, to invalidate an executive determination that allowed Chadha (plaintiff) to remain in the United States. Chadha lawfully came to the United States on a student visa, but remained after the visa expired. At a deportation hearing, a judge ruled that Chadha must file an application to be deported. However, at a second hearing, another judge suspended his deportation because he met the requirements of §244(a)(1) of the INA for lawfully remaining in the United States without a visa. The Attorney General submitted a recommendation for suspension of Chadha’s deportation to Congress. Section 244(c)(2) of the INA granted Congress the authority to override the Attorney General’s suspension. The House of Representatives considered the case of Chadha and five other illegal immigrants, and passed a resolution pursuant to §244(c)(2) to override the Attorney General’s suspension of their deportation. Chadha appealed the decision to the Board of Immigration Appeals, which dismissed his action. Chadha then appealed his case against the Immigration and Naturalization Service (INS) (defendant) to the Ninth Circuit Court of Appeals. The court of appeals ruled in his favor and held that Congress could not overturn the decision of the Attorney General. The INS petitioned to the United States Supreme Court.

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Holding and Reasoning (Burger, C.J.)

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Dissent (Rehnquist, J.)

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