Adam Rosen writes: "I am excited to share a decision from DDC Judge AliKhan denying the government’s Motion to Dismiss a complaint challenging a 6C finding secretly made by DHS against my client but that she only learned of when the Mumbai Consulate...
DOS v. MUÑOZ (6-3) 50 F. 4th 906, reversed and remanded. BARRETT, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, ALITO, and KAVANAUGH, JJ., joined. GORSUCH, J., filed an opinion concurring in the judgment. SOTOMAYOR, J., filed...
Here is the cert. pet. Here is the brief in opposition. Here is the reply brief. Here and here are the underlying cases. Here are the issues presented: (1) Whether a consular officer's refusal of a visa to a U.S. citizen's noncitizen spouse impinges...
Arias v. Garland "The Court is sensitive to consular officers’ broad—and usually unreviewable—authority to adjudicate visa applications. Even so, Mandel places a burden on the Government to provide a modicum of explanation for a visa denial...
UPDATE, July 14, 2023 : " The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en...
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...
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 the Supreme...
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”). ... This brief is submitted...
Fed. R. Crim. P. 5(d) Procedure in a Felony Case. (1) Advice. If the defendant is charged with a felony, the judge must inform the defendant of the following: ... (F) that a defendant who is not a United States citizen may request that an attorney for the...
"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 , Docket...
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 is...
"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 that the...
"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...
"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 denied...