Consular Nonreviewability Petition for Review Before the Supreme Court
SCOTUSBlog is watching a petition for certiorari in the Supreme Court in U.S. v. Muñoz. Here are the questions presented in the petition for review of a Ninth Circuit ruling against the U.S. government:
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(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; (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; and (3) whether, assuming that such a constitutional interest exists and that citing Section 1182(a)(3)(A)(ii) is insufficient standing alone, due process requires the government to provide a further factual basis for the visa denial “within a reasonable time,” or else forfeit the ability to invoke consular nonreviewability in court. |
The petition will likely be reviewed at the Supreme Court’s next conference on January 5. Stay tuned.
KJ