CA5, Oct. 10, 2024, MP3 recording 23-40653 10/10/2024 State of Texas v. USA Brian Boynton- Jeremy M. Feigenbaum- Joseph N. Mazzara- Nina Perales-
USCIS, Oct. 10, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reflect the recently published final rule to codify the automatic...
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Q & A and slides from Sept. 12, 2024 Stakeholder Engagement
Del Valle v. Sec. of State
"The doctrine of consular non-reviewability, established by the Supreme Court, bars judicial review of a consular official’s decision regarding a visa application if the reason given is “facially legitimate and bona fide.” Kleindienst v. Mandel, 408 U.S. 753, 770 (1972). See also Kerry v. Din, 576 U.S. 86, 103–04 (2015) (Kennedy, J., concurring in the judgment) (applying the doctrine). Although the doctrine was announced 50 years ago, we have never addressed its scope in a published opinion. In this appeal, we address two questions. First, does the doctrine operate by stripping federal courts of their subject-matter jurisdiction? Second, does the doctrine require consular officials to identify or summarize the facts underlying a visa denial when the statutory provision of inadmissibility sets out factual predicates? We answer both questions in the negative."