Din made attempts at receiving a more detailed explanation; when these attempts were unsuccessful, she sued in a federal district court, arguing that failing to provide a detailed explanation of the visa denial was a violation of the Due Process Clause of the United States Constitution. Compare Shaughnessy v. United States ex rel. A consular officer informed him that he was deemed inadmissible under 8 U.S.C.

Din relies on the “associational interests in  marriage that necessarily are protected by the right to marry,” and that are “presuppose[d]” by later cases establishing a right to marital privacy. Pierce v. Society of Sisters, 268 U. S. 510, 534–535 (1925), extended Meyer, finding that a law requiring children to attend public schools “interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control.” Moore v. East Cleveland, 431 U. S. 494, 505–506 (1977), extended this interest in raising children to caretakers in a child’s extended family, striking down an ordinance that limited occupancy of a single-family house to members of a nuclear family on the ground that “[d]ecisions concerning child rearing .
Cf. Oral arguments were held on February 23, 2015.[2][3]. Antonin Scalia: This case is here on writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Din does not explicitly argue that the Government has violated this absolute prohibition of the substantive component of the Due Process Clause, likely because it is obvious that a law barring aliens engaged in terrorist activities from entering this country is narrowly tailored to serve a compelling state interest. The Supreme Court will determine whether refusing the visa application of a U.S. citizen’s alien-spouse triggers the citizen’s constitutionally protected interests, and whether the citizen may challenge this refusal. How could a Constitution that protects individuals against the arbitrary deprivation of so diverse a set of interests not also offer some form of procedural protection to a citizen threatened with governmental deprivation of her freedom to live together with her spouse in America? website. Din sued in Federal District Court. Looking for a detailed reason for Berashk’s visa denial, Din enlisted the help of pro bono counsel who made several inquiries about the visa denial to the Immigrant Visa Unit of the Islamabad Embassy, Office of Visa Services at the State Department, and different State Department officials.

v. DIN.

Get free access to the complete judgment in Kerry v. Din on CaseMine. Cf. Justice Scalia announced the judgment of the Court and delivered an opinion, in which The Chief Justice and Justice Thomas join. “(I) has engaged in a terrorist activity; “(II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv)); “(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity; “(IV) is a representative (as defined in clause (v)) of—, “(aa) a terrorist organization (as defined in clause (vi)); or. The U. S. Embassy in Islamabad, Pakistan, interviewed Berashk and denied his application. Ian R. Macdonald: SCOTUS Grants Certiorari to Two Immigration-Based Cases for 2015 Term: Will the Government Have to Explain its Exercise of “Discretion”?, The National Law Review (Oct. 15, 2014). It is that rule of law, stretching back at least 800 years to Magna Carta, which in major part the Due Process Clause seeks to protect. Kerry contends that even if secure information was only submitted ex parte and in camera, the “[w]idening of access to sensitive information, even in controlled settings, increases the risk of unauthorized or inadvertent disclosure.” Kerry thus argues that questions implicating access to sensitive information would naturally arise. Din contends that the consular officer’s denial of her spouse’s visa application violated her fundamental right to marry and should be subject to judicial review. All I insist upon (and all that our cases over the past five decades require) is that the privilege be one to which the claimant has been given an entitlement. The Government’s citation of §1182(a)(3)(B) also indicates it relied upon a bona fide factual basis for denying a visa to Berashk. In opposition, Kerry argues that the Immigration and Nationality Act (“INA”) does not confer upon U.S. citizens a legal interest. The Court need not decide that issue, for this Court’s precedents instruct that, even assuming she has such an interest, the Government satisfied due process when it notified Din’s husband that  his visa was denied under the immigration statute’s terrorism bar, §1182(a)(3)(B). I conclude that they do. In response, Kerry argues that Berashk’s visa denial does not impinge on Din’s fundamental right to marry. . In my view, Ms. Din should prevail on this constitu- tional claim.

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