Category Archives: Consular Nonreviewability Doctrine

CA7 upholds Dist. Ct. dismissal of appeal under Administrative Procedure Act seeking to review denial of visa application

Posted on April 20, 2017 by Mike Baker

Morfin v. Tillerson, No. 15-3633 (7th Cir. 2017) Dist. Ct. did not err in dismissing plaintiff-alien’s action under Administrative Procedure Act, seeking to review denial of visa application as part of his process to obtain permanent resident status, where consular … Continue reading →

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CA7 affirms rejection of mandamus petition seeking review of denial of visa application by consular official

Posted on April 20, 2017 by Mike Baker

Yusev v. Sessions, No. 16-1338 (7th Cir. 2017) Dist. Ct. did not err in dismissing plaintiff-aliens’ petition for writ of mandamus seeking review of denial of plaintiff’s visa application by consular official during plaintiff’s process of becoming permanent resident. Consular … Continue reading →

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SCOTUS does not require government to identify a specific statutory provision nor give detailed explanation for denying a visa based on terrorism-related ground

Posted on June 16, 2015 by Mike Baker

Respondent Fauzia Din petitioned to have her husband, Kanishka Berashk, a resident citizen of Afghanistan and former civil servant in the Taliban regime, classified as an “immediate relative” entitled to priority immigration status. Din’s petition was approved, but Berashk’s visa … Continue reading →

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Supreme Court Grants Solicitor General’s Petition for Certiorari in Case Finding Exception to Consular Nonreviewability Doctrine

Posted on October 23, 2014 by Mike Baker

Updates (briefs etc.) on Din v. Kerry on SCOTUSBlog. Reuters reports on the cert grant here. The U.S. Supreme Court on October 2, 2014, agreed to review the decision of the U.S. Court of Appeals for the Ninth Circuit in … Continue reading →

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