Legal Opinion

Kerry v. Din

Supreme Court of the United States

Decided June 15, 2015No. 13-1402PublishedCited by 276 opinions

1Judgment of the CourtJustice Scalia

Fauzia Din is a citizen and resident of the United States. Her husband, Kanishka Berashk, is an Afghan citizen and former civil servant in the Taliban regime who resides in that country. When the Government declined to issue an immigrant visa to Berashk, Din sued.

The state action of which Din complains is the denial of Berashk's visa application. Naturally, one would expect him-not Din-to bring this suit. But because Berashk is an unadmitted and nonresident alien, he has no right of entry into the United States, and no cause of action to press in furtherance of his claim for admission. See…

Also in this document: Dissent.

2Cases cited47 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Wolff v. McDonnellSupreme Court of the United States · 1974
  4. Morrissey v. BrewerSupreme Court of the United States · 1972
  5. Zadvydas v. DavisSupreme Court of the United States · 2001

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3Cited by276 opinions

  1. Kingsley v. HendricksonSupreme Court of the United States · 2015
  2. State of Washington v. Donald J. TrumpCourt of Appeals for the Ninth Circuit · 2017
  3. Tamara Simic v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2017
  4. East Bay Sanctuary Covenant v. Donald TrumpCourt of Appeals for the Ninth Circuit · 2018
  5. Ying Li v. City of New YorkDistrict Court, E.D. New York · 2017

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