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Keywords

lawsuitvisajudicial reviewliens
lawsuitvisajudicial reviewliens

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Saavedra Bruno v. Albright

Facts

Saavedra is a Bolivian national who moved to Washington, D.C. in 1993. He held an F-1 visa and a B-1/B-2 visa, which were set to expire in May 2002. After filing a petition for a nonimmigrant worker with the INS, Saavedra was denied a visa application by the American consul in Panama City due to being listed in the State Department's computer 'lookout' system for alleged involvement in narcotics trafficking. Following this, his B-1/B-2 visa was revoked by the Consul General in Bolivia based on classified reports.

Saavedra is a Bolivian national who moved to Washington, D.C. in 1993. He held an F-1 visa and a B-1/B-2 visa, which were set to expire in May 2002. After filing a petition for a nonimmigrant worker with the INS, Saavedra was denied a visa application by the American consul in Panama City due to being listed in the State Department's computer 'lookout' system for alleged involvement in narcotics trafficking. Following this, his B-1/B-2 visa was revoked by the Consul General in Bolivia based on classified reports.

Issue

Whether, under the Administrative Procedure Act, an alien is entitled to judicial review of a consul's denial of his application for a visa, and of the revocation of a visa he already held.

Whether, under the Administrative Procedure Act, an alien is entitled to judicial review of a consul's denial of his application for a visa, and of the revocation of a visa he already held.

Rule

The doctrine of consular nonreviewability holds that a consular official's decision to issue or withhold a visa is not subject to judicial review unless Congress expressly states otherwise.

The doctrine of consular nonreviewability holds that a consular official's decision to issue or withhold a visa is not subject to judicial review unless Congress expressly states otherwise.

Analysis

The court applied the doctrine of consular nonreviewability, determining that the nature of consular visa decisions is such that they are largely immune from judicial inquiry or interference. The court noted that the power to exclude aliens is inherent in sovereignty and is a power exercised exclusively by the political branches of government.

The court applied the doctrine of consular nonreviewability, determining that the nature of consular visa decisions is such that they are largely immune from judicial inquiry or interference. The court noted that the power to exclude aliens is inherent in sovereignty and is a power exercised exclusively by the political branches of government.

Conclusion

The court affirmed the district court's dismissal of Saavedra's lawsuit, concluding that it could not entertain the case under the Administrative Procedure Act.

The court affirmed the district court's dismissal of Saavedra's lawsuit, concluding that it could not entertain the case under the Administrative Procedure Act.

Who won?

The government prevailed in the case because the court upheld the doctrine of consular nonreviewability, which barred judicial review of the consular decisions.

The government prevailed in the case because the court upheld the doctrine of consular nonreviewability, which barred judicial review of the consular decisions.

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