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CA9 on Consular Nonreviewability, Standing: Din v. Kerry

"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 under 8 U.S.C. § 1182(a)(3)(B), a...

Cert. Granted in CA9 Consular Nonreviewability Case: Kerry v. Din (DOS Asks for Rubber Stamp)

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 entitled to challenge in court the refusal...

Supreme Court to Hear Visa Case; State Department Asks for Secrecy, Rubber Stamp

"At the behest of the Solicitor General , the U.S. Supreme Court today granted certiorari in Din v. Kerry to decide whether immigrant families separated by U.S. government officials have any right to know the basis for their forced separation. The government claims “complete discretion”...

KERRY V. DIN: AN OPPORTUNITY FOR THE SUPREME COURT TO RECONSIDER THE DOCTRINE OF CONSULAR NON-REVIEWABILITY

"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 No. 13-1402. The vehicle for this doctrinal...

Immigration Cases Set for Supreme Court Oral Argument in 2015

"The Supreme Court has set oral argument in Kerry v. Din , which raises the issue of the scope of the doctrine of consular nonreviewability, for February 23. The Court previously had set oral arguments in Mellouli v. Holder , which involves the removability of a lawful permanent resident because...

Kerry v. Din: Plenary Power Showdown? - Kevin Johnson

"I have been reading the briefs in Kerry v. Din , which has oral arguments before the Supreme Court scheduled for February 23. Last week, Respondent Fauzia Din's brief was submitted by counsel of record Mark E. Haddad of Sidley Austin LLP . The issues in Kerry v. Din are shaping up in an...

Law Profs File SCOTUS Brief in Kerry v. Din

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 to provide the Court with...

Mid-Litigation, DOS Changes the FAM: Convenient Facts Redux, by Nancy Morawetz

Convenient Facts Redux by Nancy Morawetz , NYU School of Law "Two years ago, I wrote about how the Office of the Solicitor General (OSG) manipulates facts about government policies and practices to advance its arguments in the Supreme Court. In essence, if the OSG does not like the policies it...

Kerry v. Din in Five Easy Pieces: SCOTUS Oral Argument Preview

In advance of today's SC oral argument, here are five good links: Link to all the documents and briefs Argument Preview by Kevin Johnson Convenient Facts Redux by Nancy Morawetz Kerry v. Din, Knauff and Mezei by Chuck Roth In Defense of Consular Officers by Liam Schwartz I will...

Transcript of Kerry v. Din Supreme Court Oral Argument; Analysis by Kevin Johnson

Transcript of Kerry v. Din Supreme Court Oral Argument, Feb. 23, 2015 . Analysis by Prof. Kevin Johnson here .

Supreme Court, 5-4, Reverses CA9: Kerry v. Din

"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 explanation for the Government’s decision...

Expert: Supreme Court Visa Decision Not The End of the Road

"The U.S. Supreme Court ruled Monday against strengthening marriage rights for binational couples who wish to live together in the United States. Justices found in Kerry v. Din that naturalized U.S. citizen Fauzia Din cannot force greater explanation about or overturn in court the rejection of her...

Elizabeth Keyes on Kerry v. Din - Another Choiceless Choice

Kevin Johnson writes : "Yesterday, the Supreme Court decided Kerry v. Din . Over the next few weeks, the ImmigrationProf blog will be running an on-line symposium with immigration professors analyzing various aspects of the decision. The first installment is by Elizabeth Keyes (Baltimore): '...