Visa denials by US Consulates overseas have always been determined as "nonreviewable" under the previous laws and regulations. That was true until recently. In the latest case: American Sociiological Association v. Chertoff (Civil Action No. 07-11796-GAO), United States District in Mass. made a decision in which US District Judge George A. O'Toole, Jr. ruled such a "nonreviewability" has an exception if consititutional rights of citizens within the United States have been affected when judicial reviews are permitted. The purpose of the judicial review in such situations would be to determine whether a visa application was denied on the basis of a facially legitimate and bona fide reasons.
Based on this latest decision, the "affected" parties do not have to be a US citizen family member and in the instant case the affacted parties are actually the US organizations that invited an internationally renowned foreign professor (for a nonimmigrant tourist visa) to come to the US as an invited speaker at their hosted events. The plaintiff successfully argued that the "denial of Habib's visa application infringed their rights under the First Amendment to the U.S. Constitution to have Habib come to America to speak,"when Habib's tourist visa application was denied by the US consulate after consulting with Washing, D.C. headquarters, citing ... an applicant who "has engaged in a terrorist activity" ineligible for such a visa. The court found for the Plaintff and dismissed the Defendent's motion to dimiss. The plaintiff's motion for summary jedgment now remains pending.
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