The High Court Report23 Apr 2024

Oral Argument: Department of State v. Muñoz | Case No. 23-334 | Date Argued: 4/23/24 | Date Decided: 6/21/24

Link to Docket: Here.

Background:

Under the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., the decision to grant or deny a visa application rests with a consular officer in the Department of State. Under 8 U.S.C. 1182(a)(3)(A)(ii), any noncitizen whom a consular officer "knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in* * * unlawful activity" is ineligible to receive a visa or be admitted to the United States.

Question Presented:

Whether a consular officer's refusal of a visa to a U.S. citizen's noncitizen spouse impinges upon a constitutionally protected interest of the citizen.
Whether, assuming that such a constitutional interest exists, notifying a visa applicant that he was deemed inadmissible under 8 U.S.C. 1182(a)(3)(A)(ii) suffices to provide any process that is due.

Holding: A U.S. citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.

Result: Reversed and remanded.

Voting Breakdown: 6-3. Justice Barrett delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, and Kavanaugh joined. Justice Gorsuch filed an opinion concurring in the judgment. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D.C.
For Respondents: Eric T. Lee, Southfeld, Mich.

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