Amicus Briefs/Alerts

AILA and Council Submit Amicus Brief to the Supreme Court on "Consular Nonreviewability" Doctrine

3/28/24 AILA Doc. No. 24040471. Consular Processing, Removal & Relief

AILA and the American Immigration Council submitted an amicus brief to the Supreme Court in Department of State v. Muñoz challenging the so-called “consular nonreviewability” doctrine. Under that doctrine, the courts of appeals have held that there is no judicial review of a consular officer’s decision finding a visa applicant inadmissible, except in a very limited class of constitutional cases. AILA and the Council argued to the Supreme Court that the consular nonreviewability doctrine is contrary to the plain language of the Administrative Procedure Act and should be repudiated.

Cite as AILA Doc. No. 24040471.