United States Ninth Circuit

In a challenge to a consulate's denial of an immigrant visa petition, the district court's order granting the defendants' motion to dismiss for lack of subject matter jurisdiction is: 1) affirmed in part, where the district court's denial of the applicant's motion for an order compelling the consulate to act upon his I-601 waiver request was proper under the doctrine of consular nonreviewability, and no exceptions applied; and 2) vacated in part and remanded, where the record on appeal was insufficient to determine whether the consulate violated its ministerial duty to reconsider, as it was not clear whether the evidence submitted by the applicant overcame the ground of ineligibility on which his refusal was based.

Appellate Information

• Decided 04/25/2012
• Published 04/25/2012

Judges

• Pregerson

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brian D. Lerner, Scott M. Marconda