United States Ninth Circuit

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Din v. Kerry, 10-16772

The district court's order granting the Government's motion to dismiss a claim for a writ of mandamus filed by petitioner, a United States citizen, to adjudicate the visa application she filed on behalf of her husband, is reversed, where: 1) the Government's citation to terrorism grounds under 8 U.S.C. section 1182(a)(3)(B), in the absence of any allegations of proscribed conduct, was not a facially legitimate reason to deny petitioner's husband's visa; 2) the Government did not put forth a facially legitimate reason to deny the visa; and 3) petitioner had standing to seek a declaratory judgment that the visa denial notice provision under section 1182(b)(3) was unconstitutional as applied to her.

Appellate Information

  • Decided 05/23/2013
  • Published 05/23/2013

Judges

  • MURGUIA

Court

  • United States Ninth Circuit

Counsel

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