United States Ninth Circuit

In a U.S. citizen's challenging the denial by the U.S. consulate in Ciudad Juarez, Mexico, of her husband's visa application, the District Court's dismissal for failure to state a claim is affirmed where:1 ) Justice Kennedy's concurrence in Kerry v. Din, 135 S.Ct. 2128 (2015), is the controlling opinion regarding the standard of judicial review applicable to a visa denial; and 2) the consular officer in this case satisfied the 'facially legitimate and bona fide reason' test, because he cited a valid statute of inadmissibility and gave a bona fide factual reason that provided a 'facial connection' to the ground of inadmissibility -- the belief that plaintiff's husband was a gang associate with ties to the Sureno gang.

Appellate Information

• Published 2016/06/21

Judges

• HURWITZ

Court

• United States Ninth Circuit

Counsel