Yafai v. Pompeo, No. 18-1205 (7th Cir. 2019)Annotate this Case
Yafai and Ahmed were born, raised, and married in Yemen. Yafai became a naturalized U.S. citizen in 2001 and successfully filed I‐130 petitions on behalf of his wife and several of their children. Ahmed and her children subsequently applied for visas. The consular officer denied Ahmed’s visa application, citing 8 U.S.C. 1182(a)(6)(E), which provides that “[a]ny alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is inadmissible.” The denial stated that she attempted to smuggle two children into the U.S. using the identities Yaqub and Khaled. Yafai and Ahmed apparently argued that Ahmed could not be guilty of smuggling, because the children whom she had allegedly smuggled were deceased. Ahmed provided: vaccination records, Khaled’s school records, hospital bills, hospital birth records, the police report from the drowning accident, Khaled’s passport, and family photos. An embassy fraud prevention manager found the their testimony not credible and initiated an investigation. Several months later, the consular officer reaffirmed the prior visa denial. The Seventh Circuit affirmed the dismissal of a suit by Yafai and Ahment. The decision is facially legitimate and bona fide, so the doctrine of consular nonreviewability applies.
The court issued a subsequent related opinion or order on May 23, 2019.