Alma Lupe BUSTAMANTE; Jose Jesus Bustamante, Plaintiffs-Appellants,
v.
Michael MUKASEY, Attorney General; Michael Chertoff, Secretary, Department of Homeland Security; United States Citizenship and Immigration Services; Al Gallman, Acting District Director, Phoenix; Drug Enforcement Agency; Karen Tandy, Administrator; Condoleezza Rice, Secretary of State; Maurice Parker, Consul General of the United States, City of Ciudad Juarez, Mexico; Eric Cruz, United States Consular Official, in his official and individual capacities, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 13, 2008.
Filed July 9, 2008.
Attorney(s) appearing for the Case
Marc Van Der Hout and Beth Feinberg, Van Der Hout, Brigagliano & Nightingale, San Francisco, CA, for the plaintiffs-appellants.
Daniel G. Knauss, Cynthia M. Parsons, and John Boyle, United States Attorney's Office for the District of Arizona, Phoenix, AZ, Christopher W. Hollis, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for the defendants-appellees.
Before: BARRY G. SILVERMAN and MARSHA S. BERZON, Circuit Judges, and ROGER T. BENITEZ, District Judge.
United States Court of Appeals, Ninth Circuit.
SILVERMAN, Circuit Judge:
We hold today, as we did twenty-two years ago in Li Hing of Hong Kong, Inc. v. Levin,800 F.2d 970, 971 (9th Cir.1986), that ordinarily, a consular official's decision to deny a visa to a foreigner is not subject to judicial review. However, when a U.S. citizen's constitutional rights are alleged to have been violated by the denial of a visa to a foreigner, we undertake a highly constrained review...
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