Muñoz v. U.S. Dep't of State

In the case of a visa denial, if the government fails to provide "a facially legitimate and bona fide reason for denying the visa” Kleindienst v. Mandel, 408 U.S. 753, 770 (1972). Or, if despite a "bona fide reason" the petitioner makes an "affirmative showing" of bad faith, judicial review is permitted. Kerry v. Din, 576 U.S. 86, 105 (2015).

Muñoz, a U.S. citizen, appealed the denial of her spouse’s immigrant visa application under 8 U.S.C. §1182(a)(3)(A)(ii). On appeal, Muñoz argued the government did not provide a bona fide factual reason for the denial. In response, the State argued that under the doctrine of consular nonreviewability, a consular officer's denial of a visa is not subject to judicial review. If a visa denial impacts the fundamental rights of a U.S. citizen, judicial review may be granted based on two findings. One, if the government fails to provide "a facially legitimate and bona fide reason for denying the visa” Kleindienst v. Mandel, 408 U.S. 753, 770 (1972). Or two, if despite a "bona fide reason" the petitioner makes an "affirmative showing" of bad faith, judicial review is permitted. Kerry v. Din, 576 U.S. 86, 105 (2015). The Court found, that as a U.S. citizen Muñoz had a "fundamental liberty interest" in their marriage. The Court reasoned that this right was restrained because the sacrifice of her husband's citizenship conditioned her enjoyment of that right. Regarding judicial review, the State found the application was a gang member which provided a “facially legitimate and bona fide reason” for denial. However, the State failed to provide timely and adequate notice of the reasons for the visa denial. The Court found this to be a denial of Due Process. The Court held that this precluded reliance on consular nonreviewability to shield the State’s decision from judicial review. Vacated and remanded.