The Case files and Directions to how tobriefthe cases are listed in the document...

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The Case files and Directions to how tobriefthe cases are listed in the document attacted
	
Document Preview: Cases To be briefedINS v. Chadha Dow Chemical Co. v. U.S. Bi- Metallic Investment Co. v. Colorado   How Cases ARE TO BE BRIEFED Every case that you read will be composed of five components. They are:Facts;Procedural history;Issue;Holding;Rationale. A “brief” of the case is nothing more than a summary of each of those five components. In law school, I was taught a technique called “technicoloring” a case. My civil procedure professor had been teaching that technique for the 60 years (yes …60 years) he had been teaching law. I still use it today whenever I read a case. Remember that every case you read  has 5 components or parts. When you Technicolor, you assign a different color of highlighter or pen (those multi-color pens work great) to each different component of the case as you read it. I used green to highlight the facts, and red for the procedural history; blue for the issue; black for the holding and blue again for the rationale. (Our pens only had four colors, so we had to improvise) Color coding the components allow you to find them quickly when writing your brief or discussing the case with your attorney. Cases are not written for entertainment, and therefore, reading a case is different from reading a novel or magazine article. When reading a case you are concerned with how, if at all, that case applies to the facts of your case. To reach that conclusion entails analysis of each of those five components, so that is where your focus should be when reading the case. Find each of them, read each section carefully, then underline the important language and then refer back to those sections of the case when called upon to write your brief. Note that the same 5 components of the case make up the five topics discussed in your brief. Facts:  The facts are a synopsis of the essential facts of the case, i.e., those facts bearing upon or leading up to the issue, in a logical sequence. This should tell the reader what happened between...

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Running Head: CASE BRIEFS
PAGE  
1
Case Briefs
Running Head: CASE BRIEFS
Case Briefs
Name
Institution
INS v. Chadha
Procedural History
Appellee- respondent, Chadha, a Kenyan Indian studying in the US, sort suspension of the deportation order after the House of Representations created a resolution that reopened proceedings at the Immigration Court. The House of Representatives inhibited a previous order by the Attorney General to stop deportation of the appellee. The Board of Immigration Appeals dismissed an appeal to stop the House resolution. The petitioner claimed that the House resolution was unconstitutional and petitioned the United States Court of Appeals for the Ninth Circuit. This Court granted petitioner Chadha writ of certiorari and directed the Attorney General to stop and discontinue the deportation process of the petitioner because of the resolution passed by the House (INS V. Chadha, 462 U.S. 919, 1983, 2012).
Facts
Chadha submitted an application to seek suspension of the deportation order filed by the District Director of the Immigration and Naturalization Service (INS), in the Immigration Court, in accordance with Section 242(b) of the Immigration and Nationality Act (Act), 8 USC. The Immigration Judge suspended the order and forwarded a report to Congress, which had the constitutional right under Section 244(c) (2) to dismiss the decision of the Attorney General (INS V. Chadha, 462 U.S. 919, 1983, 2012). Field v. Clark, 143 U.S. 649(1892) looked into a similar situation where a bill approved by the House of Representatives and accented by the President failed to go through the Congress. (Field v. Clark, 143 U.S. 649, 1892, 2012) 
Issue
Did the House of Representatives err in passing a resolution that objected a previous order by the Attorney General?
Holding
Yes.
Reasoning
The House of Representatives has the authority under Section 244(c) (2), to dismiss the attorney general’s ruling. The petition in the Court of Appeals did not question the House’s power to veto a previous ruling, but the way in the representatives made the resolution a law (Harris & Tichelor, 2010, p. 282). The Immigration judge acted within the legal provisions of Section 244(a) (1), which requires an alien to be of incorruptible character through the over 7 years spent in the county (INS v. Chadha, n.d).
Chadha was indeed in the country as an alien because he had overstayed the duration of the student Visa. However, his claims did not fit the compounded reasoning of extreme hardship that would make the Attorney General suspend his deportation.

The Case files and Directions to how tobriefthe cases are listed in the document attacted Document Preview: Cases To be briefed INS v. Chadha Dow Chemical Co. v. U.S. Bi- Metallic Investment Co. v....

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