Matushkina v. Davies, No. 17-1336 (7th Cir. 2017)Annotate this Case
After Son became a U.S. citizen in 2013, she filed a successful I-130 visa petition on Matushkina’s (her mother) behalf. A U.S. Consulate denied Matushkina's 2015 application for an immigrant visa based on a U.S. Customs and Border Protection (CBP) 2009 determination, at the border, that she was inadmissible because Matushkina had not disclosed that her daughter was working in the U.S. in violation of her student visa, “a willful misrepresentation of a material fact,” 8 U.S.C. 1182(a)(6)(C)(i). Matushkina immediately withdrew her application for admission. The CBP officer entered the inadmissibility finding in the electronic system. Matushkina’s nonimmigrant visa was canceled; she promptly left the U.S. Seven years later Matushkina and Son filed suit, alleging that the 2009 inadmissibility determination violated the Administrative Procedures Act and that the CBP officer violated provisions of the CBP Inspector’s Field Manual and “due process and notions of fundamental fairness.” The court dismissed for lack of standing, As an unadmitted alien, Matushkina had no legally protected right to enter the U.S. Son had no standing because she was not yet a citizen in 2009. The Seventh Circuit affirmed, on the merits, reasoning that the case was, in essence, a challenge to the visa denial, and that decision is not subject to judicial review.