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The statutory mechanism of § 244(c)(2) of the Immigration and Nationality Act, 8 U.S.C.S. § 1254(c)(2), violates the constitutional doctrine of separation because it is a prohibited legislative intrusion upon the Executive and Judicial branches.
Petitioner, Jagdish Rai Chadha, was a native of Kenya. He received his education in the United States, and then his student visa expired. The Immigration and Naturalization Service (INS) sought to deport petitioner. The request for deportation was suspended, however, because a special inquiry officer found that it would have been extremely difficult for petitioner to return to Kenya due to his East Indian racial derivation. When the House of Representatives disapproved of the suspension, the INS entered a final order of deportation. Petitioner challenged the order of deportation.
Was the order of deportation against petitioner valid under the circumstances?
On appeal, the court canceled the deportation proceedings and stated that the deportation order was invalid. The court held that the statutory mechanism, by which Congress acted to reverse the administrative determination of the special inquiry officer, was unconstitutional. The court found that it was improper for a branch of the legislature to use its power to withhold discretionary relief from deportation after the Executive or Judiciary had executed their delegated responsibilities. The court ruled that § 244(c)(2) of the Immigration and Naturalization Act, 8 U.S.C.S. § 1254(c)(2), a procedure for congressional disapproval, was void.