Aldabbagh v. Secretary of State, 6:19-cv-572-Orl-31EJK. (2019)
Court: District Court, M.D. Florida
Number: infdco20190801966
Visitors: 11
Filed: Jul. 31, 2019
Latest Update: Jul. 31, 2019
Summary: ORDER GREGORY A. PRESNELL , District Judge . This matter comes before the Court on the Motion to Dismiss (Doc. 15) filed by the Government. The Government asserts that this action is barred by the doctrine of consular nonreviewability, which precludes judicial review of the decision of a consular officer to grant or deny a visa. In her Complaint (Doc. 1), however, the Plaintiff is not seeking review of such a decision. Rather, she seeks to compel the Government to decide one way or the othe
Summary: ORDER GREGORY A. PRESNELL , District Judge . This matter comes before the Court on the Motion to Dismiss (Doc. 15) filed by the Government. The Government asserts that this action is barred by the doctrine of consular nonreviewability, which precludes judicial review of the decision of a consular officer to grant or deny a visa. In her Complaint (Doc. 1), however, the Plaintiff is not seeking review of such a decision. Rather, she seeks to compel the Government to decide one way or the other..
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ORDER
GREGORY A. PRESNELL, District Judge.
This matter comes before the Court on the Motion to Dismiss (Doc. 15) filed by the Government. The Government asserts that this action is barred by the doctrine of consular nonreviewability, which precludes judicial review of the decision of a consular officer to grant or deny a visa. In her Complaint (Doc. 1), however, the Plaintiff is not seeking review of such a decision. Rather, she seeks to compel the Government to decide one way or the other regarding her husband's visa application, which she alleges has remained pending administrative review for more than five years. As the Plaintiff is not challenging the decision of a consular officer, the doctrine of consular nonreviewability does not apply in this case. Accordingly, it is hereby
ORDERED that the Motion to Dismiss (Doc. 15) is DENIED.
DONE and ORDERED.
Source: Leagle
