The Court of Appeals for the District of Columbia Circuit has determined that the denial of a non-citizen’s visa does not impinge on any fundamental constitutional rights held by the applicant’s U.S.-citizen spouse. The court also found that a mere statutory citation to section 212(a)(3)(A)(ii) of the INA is sufficient to meet the “facially legitimate and bona fide” standard laid out by Justice Kennedy in Kerry v. Din and to shield the visa denial from any further review in federal court under the doctrine of consular nonreviewability.
The full text of Colindres v. DOS can be found here: