§ 244(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1254(a)(1), authorized the INS to suspend deportation of aliens continually resident in the United States for at least seven years where the Attorney General, in his discretion, found that "deportation would . . . result in extreme hardship." After such a finding by the Attorney General, a report would be transmitted to Congress pursuant to § 244(c)(1), and either house of Congress had the power to veto the Attorney General's determination pursuant to § 244(c)(2).
Facts of case
Respondent Jagdish Rai Chadha was born in Kenya to Indian parents, but neither Kenya nor India recognized him as a legitimate citizen or resident; instead, he held a British passport. He traveled to Ohio as a foreign exchange student; after his nonimmigrant student visa expired, neither Kenya nor India would accept him onto... Read More