Madeline Cardenas v. Loretta E. Lynch

OPINION

HURWITZ, Circuit Judge:

A consular officer denied the visa application of Rolando Mora-Huerta, a Mexican national, on the ground that he was a “gang associate” who intended to enter the United States to engage in unlawful conduct. See 8 U.S.C. § 1182(a)(3)(A)(ii). This suit, by Mora’s wife, Madeline Cardenas, a United States citizen, attacks the consular officer’s decision. The district court dismissed Cardenas’ complaint for failure to state a claim.

The critical issue on appeal is the standard of judicial review applicable to the visa denial. In Kleindienst v. Mandel, the Supreme Court…