DIN v. KERRY

No. 10-16772.

718 F.3d 856 (2013)

Fauzia DIN, Plaintiff-Appellant, v. John F. KERRY, Secretary of State; Janet A. Napolitano, Secretary of Homeland Security; Eric H. Holder, Jr., Attorney General, Attorney General of the United States; Richard Olson, Ambassador of the United States Embassy, Islamabad, Pakistan; Christopher Richard, Consul General of the Consular Section at the United States Embassy, Islamabad, Pakistan; James B. Cunningham, Ambassador of the United States Embassy, Kabul, Afghanistan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2013.


Attorney(s) appearing for the Case

Heidi C. Larson Howell (argued) and Geoffrey D. DeBoskey , Sidley Austin LLP, Los Angeles, CA; and Sin Yen Ling , Asian Law Caucus, San Francisco, CA, for Appellant.

Stacey Ilene Young (argued), Trial Attorney, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Appellees.

Before: RICHARD R. CLIFTON and MARY H. MURGUIA, Circuit Judges, and RANER C. COLLINS, District Judge.


OPINION

MURGUIA, Circuit Judge:

United States citizen Fauzia Din filed a visa petition on behalf of her husband Kanishka Berashk, a citizen and resident of Afghanistan. Nine months later, the visa was denied. Consular officials informed Din and Berashk only that the visa had been denied under 8 U.S.C. § 1182(a)(3)(B), a broad provision that excludes aliens on a variety of terrorism-related grounds. The district court granted the Government's motion...

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