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Immigration and Naturalization Service v. Chadha 462 U.S. 919, 103 S.Ct. 2764, 77 L.Ed 2d 317 (1983) Parties: Plaintiff/appellee/petitioner: Immigration and Naturalization Service Defendant/appellant/respondent: Chadha Facts: Chadha was a West Indian who was born in Kenya and held a British passport. He was lawfully admitted into the United States in 1966 on a non-immigrant student visa and the visa expired on June 30, 1972. On October 11, 1973, Chadha was ordered by the District Director of the Immigration and Naturalization Service to show cause as to why he should not be deported for staying in the United States longer than he was permitted. On January 11, 1974, a deportation hearing was held before an immigration judge, where Chadha agreed that he was deportable for overstaying his visa. The hearing was adjourned to enable Chadha to file an application for suspension of deportation. Section 244(a)(1) of the Immigration and Naturalization Act states that the Attorney General, at his discretion, may suspend deportation and adjust the status to that of an alien lawfully admitted for permanent residence. Section 244(a)(1) also states that the alien must prove that he or she was physically present in the United Sta