· 1/12/1981
Nikolaas \Kallie\ Knoetze v. The United States of America, the Department of State
Citations
- 634 F.2d 207
- 1981 U.S. App. LEXIS 21090
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that revocation of visa while alien is in United States does not implicate liberty or property interest because removal might not result
- concluding that “revocation of an entry visa issued to an alien already within our country has no effect upon the alien’s liberty or property interests”
- discussing difference between Secretary of State’s authority to revoke immigrant visa and Attorney General’s removal power, and holding that due process protections for latter are greater than for former
- rejecting due process claim involving Secretary of State’s revocation of consular non-immigrant visa because revocation does not result in immediate deportation and deportation proceedings have “significant procedural safeguards”
- noting, after it upheld the validity of the visa revocation, that “strong evidence of the politicization of an otherwise routine bureaucratic decision might raise a suspicion of discriminatory agency action”
- Fifth Amendment protection extends to all persons within the United States but attaches only when the federal government seeks to deny a liberty or property interest
Source: CourtListener parenthetical corpus (CC0).
Judges: Vance, Hatchett, Anderson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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