Colindres v. Department of State

Linked with:

• Department of State v. Muñoz

Issue: Whether the doctrine of consular nonreviewability insulates from judicial review a consular decision that lacks both a facially legitimate and bona fide basis; provides no discrete factual predicate; applies an unconstitutionally vague statutory provision of the Immigration and Nationality Act; and transgresses multiple bedrock constitutional limitations, including procedural and substantive due process rights, entitlement to equal protection of the laws, rights to freedom of speech and expressive activity, the fundamental, associational, and marital right to live together as Husband and Wife, and the United States citizen spouse’s fundamental liberty interest in residing in her country of citizenship.