Wednesday, May 23rd, 2018

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 broad provision that excludes aliens on a variety of terrorism-related grounds.  The district court granted the Government’s motion to dismiss on the basis of consular nonreviewability, concluding that the Government put forth a facially legitimate and bona fide reason for the visa denial, in accordance with Bustamante v. Mukasey, 531 F.3d 1059 (9th Cir. 2008).  We disagree.  Because the Government has not put forth a facially legitimate reason to deny Berashk’s visa, we reverse and remand for further proceedings." –