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Immigration Law

Law Profs Weigh In on Consular Non-Reviewability Lawsuit: Cardenas v. USA

"This brief is submitted to help the court understand the origins, nature, and limits of the so-called doctrine of consular non-reviewability. ... The doctrine of consular non-reviewability has never had a cogent justification.  To the contrary, Supreme Court case law allows for significant, if not robust, judicial review of consular decisions. Such review – including at least review to ensure that the consular officer follows the governing statutes and regulations, that there is some factual basis for findings made by the consular office, and that fundamentally fair procedures are used – is essential to ensure that the laws passed by Congress are followed." - AMICUS BRIEF FILED BY LAW SCHOOL PROFESSORS IN SUPPORT OF PLAINTIFFS-APPELLANTS APPEAL AND SUPPORTING REVERSAL OF THE DISTRICT COURT RULING in Cardenas v. USA, Ninth Cir. Case No. 13-35957, filed Apr. 30, 2014.