Consular nonreviewability
Doctrine in US immigration law / From Wikipedia, the free encyclopedia
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Consular nonreviewability (sometimes written as consular non-reviewability, and also called consular absolutism) refers to the doctrine in immigration law in the United States where the visa decisions made by United States consular officers (Foreign Service Officers working for the United States Department of State) cannot be challenged in the United States judicial system. It is closely related to the plenary power doctrine that immunizes from judicial review the substantive immigration decisions of the United States Congress and the executive branch of the United States government.[1][2]
Since the alien denied entry at a consulate abroad was not subject to the jurisdiction of the United States, it is not a priori clear whether the alien has standing to sue in the US justice system. However, the principle of consular nonreviewability goes further than simply denying aliens standing; it also creates a strong presumption against judicial review of consular decisions requested by United States citizens and residents affected by them.[2]