Immigration Law

Recent Posts

Big Data, Bad Data: Resolving the Tyranny of the Database (William Stock)
Posted on 11 Feb 2015 by Daniel M. Kowalski

"This term, the Supreme Court is considering a case [ Kerry v. Din ] that implicates the doctrine of “consular non-reviewability”–the legal principle that generally, courts in the United States will not review the discretionary... Read More

KERRY V. DIN: AN OPPORTUNITY FOR THE SUPREME COURT TO RECONSIDER THE DOCTRINE OF CONSULAR NON-REVIEWABILITY
Posted on 7 Oct 2014 by Daniel M. Kowalski

"Not since the landmark case of Kleindienst v. Mandel , 408 U.S. 753 ( 1972) has the Supreme Court revisited the well-settled doctrine of consular nonreviewability. That may be about to change as the Supreme Court has agreed to hear Kerry v. Din... Read More

Cert. Granted in CA9 Consular Nonreviewability Case: Kerry v. Din (DOS Asks for Rubber Stamp)
Posted on 3 Oct 2014 by Daniel M. Kowalski

13-1402 KERRY V. DIN CERT. GRANTED 10/2/2014 QUESTION PRESENTED: 1. Whether a consular officer's refusal of a visa to a U.S. citizen's alien spouse impinges upon a constitutionally protected interest of the citizen. 2. Whether respondent... Read More

Law Profs File SCOTUS Brief in Kerry v. Din
Posted on 22 Jan 2015 by Daniel M. Kowalski

BRIEF OF AMICI CURIAE LAW SCHOOL PROFESSORS IN SUPPORT OF RESPONDENT - "This amici curiae brief is submitted on behalf of 73 professors and academics who teach immigration law at law schools throughout the United States (“Amici”). ..... Read More

AILA Files CA9 Amicus Brief in Consular Non-Reviewability Case
Posted on 15 May 2014 by Daniel M. Kowalski

"This brief presents a collection of case examples that AILA has compiled from attorneys whose clients have been denied visas based on decisions untethered to facially legitimate or bona fide reasons. Through these stories, AILA seeks to illustrate... Read More

CA9 on Consular Nonreviewability, Standing: Din v. Kerry
Posted on 23 May 2013 by Daniel M. Kowalski

"United States citizen Fauzia Din filed a visa petition on behalf of her husband Kanishka Berashk, a citizen and resident of Afghanistan. Nine months later, the visa was denied. Consular officials informed Din and Berashk only that the visa had been... Read More