Mayle v. Holder

2015 WL 4193864 (2015)

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Mayle v. Holder

United States District Court for the Northern District of California
2015 WL 4193864 (2015)

CS

Facts

Alfred Mayle (plaintiff), a United States citizen, was introduced to Beatrice Nkwogu, a resident of Nigeria, over the phone. Six months later, Mayle traveled to Nigeria to meet Nkwogu in person, and the couple decided to marry. In order to obtain a fiancée visa for Nkwogu, Mayle first had to file a visa petition with the United States Citizenship and Immigration Service (USCIS), and then, upon approval of that petition, Nkwogu was required to file for and obtain a visa through a United States consulate abroad. Mayle’s visa petition was approved, but the United States consul in Nigeria denied Nkwogu’s visa request. Mayle filed a second petition for the visa, which was also approved, but the consul again refused to issue a visa to Nkwogu because the consular official was not convinced that the couple were in a bona fide relationship. Mayle sued the United States (defendant), challenging the denial of Nkwogu’s visa petition. The United States moved to dismiss the complaint for lack of jurisdiction, claiming that the denial of the visa was a nonreviewable discretionary action of the executive branch.

Rule of Law

Issue

Holding and Reasoning (Corley, J.)

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