Supreme Court Hears Oral Arguments in Kerry v. Din

Kerry V. Din Supreme Court to Decide Reviewability of Consular Visa Denials

In this case SCOTUS looks at the doctrine of consular non-reviewability and its bar to the judicial review of visa decisions of Department of State consular officers.

A consular officer had denied the visa application of a citizen of Afghanistan married to a U.S. citizen. The consular officer’s denial cited a broad definition of terrorist activities from immigration regulations. Applicant's U.S. citizen spouse sought judicial review of her husband’s visa denial. The U.S. Court of Appeals for the Ninth Circuit granted review and found that the consular officer’s explanation of the visa denial was insufficient.

Issues:

(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; and

(2) whether respondent is entitled to challenge in court the refusal of a visa to her husband and to require the government, in order to sustain the refusal, to identify a specific statutory provision rendering him inadmissible and to allege what it believes he did that would render him ineligible for a visa.

SCOTUS Hears Oral Arguments

At the beginning of oral arguments Justice Sotomayor notes that the Government's position seems to be that the U.S. citizen wife has no interest in whether her husband can enter the U.S. and basically has no interest in her marriage. Justice Kennedy joins in this line of questioning.

Justice Kennedy rips the Government's argument to shreds. He points out the distinctions between this case and a waiver case the Government tries to use as the legal basis for their claim. Justice Kegan further explains the distinction between discretionary waivers and visas and its importance.

Justice Breyer asks the Government, just to be clear, are they arguing that if the United States Consulate decides a husband and wife cannot live together there is no judicial review available to them?

The Government's argument is weak and SCOTUS appear symathetic. A decision from SCOTUS that consulate visa denials are unreviewable under any circumstances would be outrageous and seems unlikely.

Full Transcript of Kerry v. Din Supreme Court Oral Arguments can be found at:

http://www.supremecourt.gov/oral_arguments/argument_transcripts/13-1402_1a7d.pdf

Documents and information regarding this case can be found here:

http://www.scotusblog.com/case-files/cases/kerry-v-din/?wpmp_switcher=desktop

Analysis by Prof. Kevin Johnson can be found here:

http://www.scotusblog.com/2015/02/argument-analysis-review-of-consular-visa-decisions-for-the-twenty-first-century/

Featured Posts
Recent Posts
Archive
Search By Tags
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square

Attorney Advertising: This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. This website is owned and operated by Joseph B. CaraccioNY Immigration Lawyers DOT org is not a law firm or business entity and does not engage in the practice of law. The attorneys on this website are not partners in a legal practice or law firm. 

 

Publicidad de Abogados. Este sitio web está diseñado sólo para información general. La información presentada en este sitio no debe interpretarse como asesoramiento legal formal ni la formación de una relación abogado / cliente. 

 

This website is attorney advertising. Prior results do not guarantee a similar outcome.

  • w-facebook
  • Twitter Clean
  • LinkedIn - White Circle

NY Immigration Lawyers practicing immigration law in New York, New Jersey, Long Island, Staten Island, Bronx, Westchester, Brooklyn, Queens, Bushwick, Bed-stuy, Park Slope, Brooklyn Heights, Crown Heights, Williamsburg, DUMBO, Red Hook, Downtown, Atlantic Avenue, East New York, Richmond Hill, Kew Gardens, Forest Kills, Jamaica, Rego Park, Queens Village, Nassau County, Suffolk County, Huntington Station, Mineola, Glen Cove, Hempstead,  Glen Head, Bayville, Sea Cliff,  Levitown, East Meadow, Herricks, Albertson, Roslyn, Old Brookville, Locust Valley, Wyndanch, Elmont, Ozone Park, Bayside, Little Neck, Douglaston, Astoria, Flushing, Newark, Kearny, and we will take any Immigration Case anywhere in the United States.