Supreme Court to Review Consular Nonreviewability Case
Amy Howe on SCOTUSBlog reports that the court granted review in a doctrine of consular nonreviewability case today., The case is Department of State v. Munoz, in which the justices will consider whether the denial of a visa to the noncitizen spouse of a U.S. citizen infringes on a constitutionally protected interest of the citizen and, if so, whether the government properly justified that decision. According to Howe, the case will likely be argued in late April, with a decision to follow by summer.
Here is the SCOTUSBlog description of the issues presented:
Issue(s): (1) Whether a consular officer’s refusal of a visa to a U.S. citizen’s noncitizen spouse impinges upon a constitutionally protected interest of the citizen; and (2) whether, assuming that such a constitutional interest exists, notifying a visa applicant that he was deemed inadmissible under 8 U.S.C. § 1182(a)(3)(A)(ii) suffices to provide any process that is due.
The Ninth Circuit had found that “[b]ecause we conclude that the government failed to provide the constitutionally required notice within a reasonable time period following the denial of Asencio-Cordero’s visa application, the government was not entitled to summary judgment based on the doctrine of consular nonreviewability. “
KJ
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