Legal Opinion
Bustamante v. Mukasey
Court of Appeals for the Ninth Circuit
Decided July 9, 2008No. 06-17228PublishedCited by 91 opinions
1Opinion of the Court
SILVERMAN, Circuit Judge:
We hold today, as we did twenty-two years ago in Li Hing of Hong Kong, Inc. v. Levin, 800 F.2d 970, 971 (9th Cir.1986), that ordinarily, a consular official’s decision to deny a visa to a foreigner is not subject to judicial review. However, when a U.S. citizen’s constitutional rights are alleged to have been violated by the denial of a visa to a foreigner, we undertake a highly constrained review solely to determine whether the consular official acted on the basis of a facially legitimate and bona fide reason. In this case, the consular official offered a facially…
2Cases cited9 opinions
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- Cleveland Board of Education v. LaFleurSupreme Court of the United States · 1974
- Kleindienst v. MandelSupreme Court of the United States · 1972
- Roberto Saavedra Bruno,appellants v. Madeleine K. Albright, Secretary of State,appelleesCourt of Appeals for the D.C. Circuit · 1999
- Vincenzo Burrafato and Antonina Burrafato v. United States Department of State and United States Immigration& Naturalization ServiceCourt of Appeals for the Second Circuit · 1975
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3Cited by91 opinions
- Nelson Andrade-Garcia v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
- Jerrid Allen v. Kevin MilasCourt of Appeals for the Ninth Circuit · 2018
- Teresita Ching v. Alejandro MayorkasCourt of Appeals for the Ninth Circuit · 2013
- American Academy of Religion v. NapolitanoCourt of Appeals for the Second Circuit · 2009
- Ibrahim v. Department of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2012
86 more not listed; retrieve them via the Exa API.