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9th U.S. Circuit Court of Appeals

Jul. 17, 2023

Judges can review consulate's visa denial, 9th Circuit rules

Dissenters argued that the panel decision should have been reconsidered en banc because the visa decisions of U.S. consulates are unreviewable and that any delay in giving a reason for the denial is not relevant.

Over the objections of 10 conservative judges, the 9th U.S. Circuit Court of Appeals ruled that a court should consider whether the husband of a Los Angeles attorney was wrongfully denied a visa application, citing her “liberty interest.”

Dissenters and an attorney for Sandra Muñoz and her husband, Luis Ernesto Asencio-Cordero argued that the case sets up a split between the 9th Circuit and other circuits.

A Jun...

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