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Immigration and Naturalization Service v. Chadha

United States Supreme Court

462 U.S. 919 (1983)

Relevant factsFree

Chadha (plaintiff), who overstayed his student visa, had his deportation suspended by an immigration judge exercising the Attorney General's discretion under the INA, but the House of Representatives, using a one-house veto power Congress had given itself under section 244(c)(2), passed a resolution overturning that suspension along with five others after considering 340 cases in bulk; Chadha's deportation proceedings were reopened and deportation ordered, and after unsuccessful administrative appeals he petitioned the Ninth Circuit, which agreed the provision was unconstitutional and blocked his deportation; the Supreme Court granted certiorari.

IssueFree

Whether legislation authorizing one house of Congress to unilaterally veto an executive branch action is constitutional.

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