Adminstrative Law Brief 2

Adminstrative Law Brief 2 - Tyler Farrar Administrative Law...

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Tyler Farrar Administrative Law 2/4/09 Case: Immigration and Naturalization Service v. Chadha , 462 U.S. 919 (1983) Facts: In 1966, Jagdish Rai Chadha was ordered to be deported from the United States by the Immigration and Naturalization Service after his student visa had expired. The Immigration and Nationality Act authorized that the INS have the power to suspend deportation on immigrants that had lived in the United States longer than seven years and would experience extreme hardship if deported. However, section 244c of the Immigration and Nationality Act authorized that either House of Congress had the power to suspend the deportation rulings of the United States Attorney General. When the House of Representatives vetoed the Attorney General’s decision to suspend Chadha’s deportation, Chadha sought to have the ruling deemed unconstitutional. Issue: Does the House of Representatives have the power to veto the Attorney General’s decision? Does a legislative veto violate the constitution’s separation of powers doctrine? Holding:
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This note was uploaded on 07/26/2011 for the course PLSC 4163 taught by Professor Kelley during the Spring '11 term at Arkansas.

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Adminstrative Law Brief 2 - Tyler Farrar Administrative Law...

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