
Supreme Court to Review Case of Man Denied Green Card Over Suspected Gang Membership
Published on January 16, 2024
The Supreme Court has agreed to review the case of an El Salvadoran citizen whose immigration visa was denied in part because a visa officer thought his tattoos indicated gang membership. The government argues that under federal law the visa denial cannot be challenged in court. At issue is the doctrine of “consular nonreviewability,” which is the legal principle that a consular official’s decision to refuse a visa to a foreigner is not ordinarily subject to judicial review. The Supreme Court has agreed to look at two specific legal questions. The first is whether is a consular official’s denial of a visa to a noncitizen spouse of a U.S. citizen “impinges upon a constitutionally protected interest of the citizen.”...
