Federal 7th Circuit Court
Civil Court
Immigration Law
Plaintiff filed an application with the State Department for a waiver of a waiting period to apply for a visa. After his application had been pending for more than a year, plaintiff filed a lawsuit in district court seeking an order directing the agency to render a decision. The district court, however, dismissed the complaint for lack of jurisdiction. The Seventh Circuit affirmed, finding that judicial review was precluded by the applicable language of the federal statutes and that there was no authority for the court to order the executive branch to process a visa waiver application within a specific period of time. (BRENNAN and SCUDDER, concurring)