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Supreme Court to Review Visa Denial Case Over Tattoos in LA

Supreme Court to Review Visa Denial Case Over Tattoos in LA

The Supreme Court will take up the case of a Los Angeles man who was denied a visa, in part because of his tattoos. Luis Acensio Cordero has been separated from his wife for nine years after he was denied a visa. The couple sued, arguing the federal government had violated Muñoz’s constitutional right to marriage and due process by denying her husband’s visa without providing a timely explanation. They had a a victory in California’s 9th Circuit Court of Appeals in 2022. Acensio had been living in the U.S. unlawfully when he and Muñoz got married in 2010. The final step in his green card petition was to return to his native country of El Salvador for a consular interview. The government denied it, saying Acensio would be likely to engage in unlawful activity if allowed back into the U.S. In court proceedings, consular officials argued that they didn’t owe the family an explanation for the decision. They cited the doctrine of consular non-reviewability, which prevents judicial reviews of visa determinations made by consular officers as long as the decision is “facially legitimate and bona fide.”
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