United States Ninth Circuit

Affirmed the denial of a mandamus writ that would compel a U.S. Consulate in Germany to issue a visa sought by a U.S. Army officer for his German-citizen wife. In denying the visa, the consulate found the wife ineligible based on her past criminal convictions in Germany. In affirming the denial, the Ninth Circuit held that the Administrative Procedure Act, on which the Army officer had relied, provided no avenue for judicial review here. While a court can review the denial of a visa for constitutional error where a visa application is denied without a facially legitimate reason, that was not the case here.

Appellate Information

• Published 2018/07/24

Judges

• Bybee

Court

• United States Ninth Circuit

Counsel