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Hermina Sague v. United States
United States District Court, District of Puerto Rico
416 F. Supp. 217 (1976)
Berger, a French citizen, married Sague (collectively, plaintiffs), a U.S. citizen in France. Berger then filed an application for an immigrant visa with the United States Consular Officer in France. Berger’s application was denied under § 212(a) of the Immigration and Nationality Act. Berger and Sague then filed an action in district court pursuant to 42 U.S.C. § 1981 alleging that the denial of Berger’s visa deprived them of the rights, privileges, and immunities of the Constitution, and arguing that the statute upon which the Consular Officer relied was unconstitutional. Berger and Sague also sought an order directing that a visa be granted to Berger. The United States government (defendant) filed a motion to dismiss, alleging that the district court lacked jurisdiction over the subject matter of the action, because judicial review of a consular officer’s decision to withhold a visa is not allowed by any law.
Rule of Law
Holding and Reasoning (Torruella, J.)
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