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Immigration Law

CA11 on Consular Nonreviewability: Del Valle v. Sec. of State

Del Valle v. Sec. of State

"The doctrine of consular non-reviewability, established by the Supreme Court, bars judicial review of a consular official’s decision regarding a visa application if the reason given is “facially legitimate and bona fide.” Kleindienst v. Mandel, 408 U.S. 753, 770 (1972). See also Kerry v. Din, 576 U.S. 86, 103–04 (2015) (Kennedy, J., concurring in the judgment) (applying the doctrine). Although the doctrine was announced 50 years ago, we have never addressed its scope in a published opinion. In this appeal, we address two questions. First, does the doctrine operate by stripping federal courts of their subject-matter jurisdiction? Second, does the doctrine require consular officials to identify or summarize the facts underlying a visa denial when the statutory provision of inadmissibility sets out factual predicates? We answer both questions in the negative."