Baan Rao Thai Restaurant v. Pompeo, No. 19-5231 (D.C. Cir. 2021)Annotate this Case
Baan Rao Thai Restaurant and plaintiffs seek review of a consular officer's decision to deny visas for plaintiffs, asserting their claims fall within one of the consular nonreviewability doctrine's narrow exceptions.
The DC Circuit affirmed the district court's dismissal of the complaint on the merits, rejecting plaintiffs' contention that the Treaty of Amity and Economic Relations between the United States and Thailand expressly provides that judicial review is available. The court concluded that access provisions were longstanding and well understood at the time the U.S.-Thailand Treaty was entered into—and that understanding was that the provisions relate to procedural rights. In this case, plaintiffs' argument seeks to fashion a longstanding, common and well understood treaty provision into something it is not. The court also explained, as recently clarified by the United States Supreme Court, that a dismissal pursuant to the consular nonreviewability doctrine is a dismissal on the merits.