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Keywords

attorneyappealvisadeportation

appealvisadeportation

Related Cases

Immigration and Naturalization Service v. Chadha, 462 U.S. 919, 103 S.Ct. 2764, 77 L.Ed.2d 317, 13 Envtl. L. Rep. 20,663

Facts

Chadha, an East Indian born in Kenya, was lawfully admitted to the U.S. on a nonimmigrant student visa, which expired in 1972. After being ordered to show cause for his deportation, he applied for suspension of deportation, which was granted by an immigration judge. However, the House of Representatives later passed a resolution vetoing this suspension, leading to Chadha's deportation order. Chadha challenged the constitutionality of the one-House veto provision in court.

Chadha, an East Indian born in Kenya, was lawfully admitted to the U.S. on a nonimmigrant student visa, which expired in 1972.

Issue

Is the provision of the Immigration and Nationality Act that allows one House of Congress to veto the Executive Branch's decision to suspend deportation unconstitutional?

Rule

The legislative powers of Congress must be exercised in accordance with the bicameral requirements of the Constitution, which necessitates passage by both Houses and presentation to the President.

Analysis

The Supreme Court found that the one-House veto was essentially legislative in nature and thus subject to the constitutional requirements for legislative action. The Court reasoned that the House's action to veto the Attorney General's decision to suspend deportation was not permissible under the separation of powers doctrine, as it bypassed the necessary bicameral process.

The Supreme Court found that the one-House veto was essentially legislative in nature and thus subject to the constitutional requirements for legislative action.

Conclusion

The Supreme Court affirmed the Court of Appeals' decision, ruling that the one-House veto provision in the Immigration and Nationality Act is unconstitutional.

Who won?

Chadha prevailed in the case because the Supreme Court ruled that the one-House veto was unconstitutional, thus invalidating the deportation order against him.

Chadha prevailed in the case because the Supreme Court ruled that the one-House veto was unconstitutional.

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