Baaghil v. Miller, No. 20-1802 (6th Cir. 2021)
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In 1994, Ahmed and Wahasi allegedly were married. Ahmed lives in the U.S. as a lawful permanent resident. Wahasi and their sons, all Yemeni citizens, live in Malaysia. In 2008, Ahmed filed an I-130 petition on behalf of his wife and sons, which was approved. Ahmed’s wife and children visited the U.S. consulate in Yemen to apply for visas. Consular officials grew suspicious that they were not who they said they were, requested additional proof of identification, and placed the applications into “administrative processing.” In 2017, Presidential Proclamation 9645 made it more difficult for Yemeni nationals to receive visas to enter the U.S. Ahmed and his family joined a lawsuit that challenged the validity of the Proclamation and the way in which the government handled their visas. The U.S. Supreme Court upheld Proclamation 9645. The U.S. consulate denied the family’s visa applications due to lingering concerns about their identities and sent Ahmed’s I-130 petition to USCIS for “review and possible revocation.”
Ahmed and his family moved to amend their complaint to challenge the visa denials and the potential revocation of Ahmed’s I-130 petition. The Sixth Circuit affirmed the dismissal of the complaint, stating it has no authority to second guess the visa decisions of the American consulate. Noncitizens living abroad do not have any American constitutional rights. American residents, whether citizens or legal residents, do not have a constitutional right to require the government to admit non-citizen family members.
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