POSC 311
Professor Fox
Mon 6:30 – 9:15 PM
Case Brief: Immigration and Naturalization Service v. Chadha
Case Name and Citation:
Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983)
Facts: An East Indian man who came to the United States legally with a non-immigrant student visa outstayed his visa after it expired in 1972. The defendant went through a deportation hearing where the hearing was stopped so that he could make an application to suspend his deportation and when the hearing was continued the immigration judge decided that the defendant should not be deported because of his length of being in the U.S. and because of good behavior. The decision then went to Congress where they could veto the decision of the Attorney general according to parts of the Immigration and Nationality Act of 1952. The House then voted to continue the deportation of the defendant under the act. Where the…show more content… Rule: The house cannot determine the deportation of a person from the direction of the Attorney General as the constitution does not directly give the house this power on its own. Allowing the House of Representatives to determine the deportation status on their own is unconstitutional as this authority is not directly stated in the constitution as other single powers are directly stated for the House of Representatives and the Senate.
Procedural History: This case started at an immigration court hearing where it then was appealed to the Board of Immigration Appeals where both did not have the means to determine the constitutionality of the case. Once brought to the States Court of Appeals for the Ninth Circuit the defendant’s case was agreed upon and brought to the Supreme Court to determine the constitutionality of the one house legislative veto of the Immigration and Nationality Act of 1952.
