American Academy of Religion v. Napolitano

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that consular nonreviewability embodies “the principle that a consular officer’s decision to deny a visa is immune from judicial review”
• noting that “the term ‘jurisdiction’ is often used imprecisely,” and finding that traditional subject matter jurisdiction existed despite applicability of consular nonreviewability
• noting that “the term ‘jurisdiction’ is often used imprecisely,” and concluding that subject matter jurisdiction existed despite applicability of consular nonreviewability
• explaining that there can be judicial review of a consulate official’s visa denial where a plaintiff “asserts a First Amendment claim to have a visa applicant present views in” the United States
• explaining that “for [an applicant] to have a meaningful opportunity to negate knowledge, he had to be confronted with the claim that he” provided support to a terrorist organization as outlined in the statute
• “We conclude that the District Court had jurisdiction to consider the claim, despite the [applicability of the] doctrine of consular nonreviewability.”

Source: CourtListener parenthetical corpus (CC0).