SANDRA MUNOZ, ET AL V. DOS, ET AL, No. 21-55365 (9th Cir. 2022)
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After the U.S. Consulate in El Salvador denied the immigrant visa application of Plaintiff, he and his U.S.-citizen spouse (collectively "Plaintiffs") sought judicial review of the government’s visa decision. Relying on the doctrine of consular nonreviewability, the district court granted summary judgment to the government.
Vacating the district court’s grant of summary judgment in favor of the government, and remanding, the panel held that (1) where the adjudication of a non-citizen’s visa application implicates the constitutional rights of a citizen, due process requires that the government provide the citizen with timely and adequate notice of a decision that will deprive the citizen of that interest; and (2) because the government failed to provide timely notice in this case, the government was not entitled to summary judgment based on the doctrine of consular nonreviewability. The panel explained that, as set forth in Kleindienst v. Mandel, 408 U.S. 753 (1972), and Kerry v. Din, 576 U.S. 86 (2015), the doctrine of consular nonreviewability admits an exception in certain circumstances where the denial of a visa affects the fundamental rights of a U.S. citizen.
The court issued a subsequent related opinion or order on July 14, 2023.
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