Immigration Law

Recent Posts

CA11 on Consular Nonreviewability: Del Valle v. Sec. of State
Posted on 27 Oct 2021 by Daniel M. Kowalski

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... Read More

Limited Discovery in Consular Processing Litigation: Muñoz v. U.S. Dept. of State
Posted on 17 Apr 2019 by Daniel M. Kowalski

Merle Kahn writes: "The District Court for the Central District of California granted a discovery request in a consular processing case. [ Muñoz v. U.S. Dept. of State ] Generally, when I think about consular processing, I just think about... Read More

Supreme Court, 5-4, Reverses CA9: Kerry v. Din
Posted on 15 Jun 2015 by Daniel M. Kowalski

"Because Fauzia Din was not deprived of “life, liberty, or property” when the Government denied Kanishka Berashk admission to the United States, there is no process due to her under the Constitution. To the extent that she received any... Read More

Law Profs Weigh In on Consular Non-Reviewability Lawsuit: Cardenas v. USA
Posted on 5 May 2014 by Daniel M. Kowalski

"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... Read More