Dist. Ct. did not err in dismissing plaintiffs-aliens’ action under Administrative Procedure Act that challenged denial of one plaintiff’s 2015 immigration visa application that, in turn, was based on 2009 finding by U.S. Customs and Border Protection that said plaintiff was inadmissible because she had attempted to enter U.S. on fraudulent basis. While Dist. Ct. found that plaintiffs lacked standing to challenge 2009 determination as it related to 2015 denial of plaintiff’s immigration visa, Ct. of Appeals found that, although plaintiff had standing to file instant claim, dismissal on the merits was appropriate, since: (1) instant case constituted indirect challenge to visa denial that was not subject to judicial review under Bruno, 197 F.3d 1153; and (2) review of 2009 determination that plaintiff had committed fraud when attempting to enter U.S. would constitute improper full-blown review of merits of said determination, especially where stated basis for 2009 decision was bona fide and facially legitimate.
Federal 7th Circuit Court
Civil Court
Immigration