16 Aug 2024
DDC Decision: Challenging 6C by DHS Post-Visa Refusal - Ranjan v. DHS
Adam Rosen writes: "I am excited to share a decision from DDC Judge AliKhan denying the government’s Motion to Dismiss a complaint challenging a 6C finding secretly made by DHS against my client but that she only learned of when the Mumbai Consulate refused her H1B Visa. The government attempted the whole consular nonreviewability thing but the court saw through that and also distinguished the following cases that keep coming up: Thatikonda and Baan Thai Restaurant. I actually had a hearing on another DDC case with the same exact fact pattern and 2 days before the hearing the AUSA called to tell me that the agency “amended the record” and that plaintiff is in the process of getting her visa issued. Apparently, the “amendment” was removing the 6C finding."