Yafai v. Pompeo

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 18-1205
Decision Date: 
January 4, 2019
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing on consular nonreviewability grounds plaintiffs’ action under Administrative Procedure Act and Declaratory Judgment Act, seeking review of consular officer’s decision to reject alien’s visa application. Basis for denial was officer’s finding that alien had sought to smuggle her two children into U.S., which rendered alien inadmissible under 8 USC section 1182(a)(6)(E), and record otherwise showed that doctrine of consular nonreviewability precluded review of officer’s visa denial by Dist. Ct., since officer’s decision was facially legitimate and bona fide, where officer cited to valid statutory basis and factual predicate for said visa denial. Moreover, while alien attempted to invoke bad faith exception to said doctrine by presenting evidence that alien could not have attempted to smuggle her children into U.S. because they were deceased, alien had failed to make affirmative showing of officer’s bad faith, where record showed that officer simply did not believe alien’s claims, which by itself, was insufficient to show that officer was dishonest or had illicit motive. (Dissent filed.)