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Woman Cannot Protest Husband’s Visa Denial

Posted Jun 19, 2015

Woman Cannot Protest Husband’s Visa Denial

In a divided (5-4) decision, the U.S. Supreme Court ruled  in Kerry v. Din that the respondent, Fauzia Din, was not entitled to challenge in court the refusal of a visa to her husband.   Din claimed that the Government denied her due process of law when, without adequate explanation of the reason for the visa denial, it deprived her of her constitutional right to live in the United States with her spouse.  The court ruled that there is no such constitutional right.  Justice Scalia wrote, “Only by diluting the meaning of a fundamental liberty interest and jettisoning our established jurisprudence could we conclude that the denial of Berashk’s visa application implicates any of Din’s fundamental liberty interests”.  Read articles in the Los Angeles Times and New York Times.   See Dean Kevin Johnson’s opinion analysis at SCOTUSblog.