Kerry v. Din (2015)

What was the factual basis for denying Kanishka Berashk’s visa application

He was found inadmissible under 8 U.S.C. §1182(a)(3)(B) for engaging in terrorist activities due to his past service in the Taliban regime.

Which section of the INA was cited by the consular officer to deny Berashk’s visa

§1182(a)(3)(B), which addresses terrorism-related grounds for inadmissibility.

Who filed the lawsuit in Kerry v. Din and what did she claim

Fauzia Din filed the lawsuit claiming a violation of her Fifth Amendment due process rights due to the unexplained visa denial of her husband.

Why couldn't Kanishka Berashk sue the U.S. government himself over the visa denial

Because as a nonresident alien outside the U.S., he had no right to entry and no standing to sue in U.S. courts.

What constitutional right did Din argue was violated

Her Fifth Amendment due process right to live in the U.S. with her husband.

Which Justice announced the judgment of the Court

Justice Scalia.

Which two Justices joined Scalia’s plurality opinion

Chief Justice Roberts and Justice Thomas.

What was the final outcome of Kerry v. Din

The Supreme Court vacated the Ninth Circuit's decision and remanded the case, finding no constitutional violation.

What did the plurality conclude about Din’s alleged liberty interest

The plurality held that there was no constitutionally protected liberty interest in living in the U.S. with one’s spouse.

What did Justice Scalia refer to the concept of implied fundamental rights as

Textually unsupportable.

What historical source did Scalia rely on to interpret the Due Process Clause

Magna Carta and traditional English legal definitions of liberty.

What was the primary historical understanding of “liberty” according to Scalia

Protection from physical restraint or imprisonment, not broader relational or lifestyle interests.

What did Justice Scalia say Din’s claim was really about, not her own liberty

Her husband's inability to immigrate, not her own deprivation of liberty.

Which test did Justice Kennedy apply in his concurring opinion

The “facially legitimate and bona fide reason” test from Kleindienst v. Mandel.

Which Justice joined Kennedy’s concurring opinion

Justice Alito.

According to Kennedy, what standard does the government need to meet to deny a visa without violating due process

Provide a facially legitimate and bona fide reason.

What reason did the government give that satisfied Kennedy’s due process standard

Citation of §1182(a)(3)(B) for terrorist activities and Berashk’s admitted past Taliban affiliation.

What did Kennedy say was required for a claim of bad faith by the consular officer

A plausible allegation of bad faith, which Din did not provide.

Which four Justices dissented in Kerry v. Din

Justices Breyer, Ginsburg, Sotomayor, and Kagan.

What did the dissent argue about the denial of the visa and due process

That Din had a protected liberty interest in marriage and was entitled to a more detailed explanation for the visa denial.

What was the Ninth Circuit’s holding before being reversed

That Din had a constitutionally protected liberty interest in marriage and was entitled to review of the visa denial.

What does Kleindienst v. Mandel say about judicial review of visa denials

That courts may only assess whether the government gave a facially legitimate and bona fide reason.

Why did Scalia say courts should not create new constitutional rights in immigration cases

Because immigration is a function of sovereign power delegated to the political branches, not the courts.

How did Scalia view the relationship between due process and visa denials

He rejected that visa denials affecting a U.S. citizen’s spouse implicated any due process rights for the citizen.

How did Kennedy distinguish between providing a reason and full disclosure

He said the citation to the statute was a sufficient reason, even if no details were disclosed.

What statute exempts the government from providing detailed reasons in terrorism-based visa denials

§1182(b)(3), which waives notice for certain terrorism and crime-related inadmissibility grounds.

What argument did Din make about her marriage and constitutional rights

That the government’s denial of her husband’s visa interfered with her constitutional right to live with her spouse.

How did the Court’s plurality respond to Din’s marriage-based liberty interest claim

It rejected the idea that any regulation touching on marriage automatically triggers constitutional protection.

What quote did Scalia mock in reference to the dissent’s position

He called the idea that Din was deprived of the “freedom to live with her spouse in America” artificial and constitutionally unsupported.

What is one precedent the plurality cited to affirm Congress’s control over immigration

Fiallo v. Bell, which emphasized judicial deference to congressional immigration classifications.

What’s the significance of Washington v. Glucksberg in the plurality opinion

It established the requirement that fundamental rights must be deeply rooted in the nation’s history and tradition.

How did Scalia apply Glucksberg to Din’s claim

He argued that no historical tradition supports a right to bring a noncitizen spouse into the U.S.

What does the INA require for a consular officer before issuing a visa

To ensure the applicant is not inadmissible under any provision of the INA.

What is the process after a citizen-relative’s petition is approved for a foreign spouse

The spouse must submit documents and attend a consular interview before a visa can be granted.

Why did the government not provide more information to Berashk

Because terrorism-based inadmissibility falls under a statutory exception that allows the government to withhold details.

What standard did the plurality reject when assessing liberty interests

A free-floating standard based on consistency with substantive due process cases, rather than rooted tradition.

What did Kennedy’s concurrence emphasize about national security

That courts should be especially deferential when national security concerns are at play in immigration decisions.

Why did Kennedy say the government’s reason was “bona fide”

Because Berashk’s Taliban affiliation gave credible factual support to the statutory denial under terrorism grounds.

What key procedural fact made Din’s case different from typical due process cases

She was not personally denied entry or benefits—her spouse was, and he had no right to enter.

What did Scalia argue about Din’s status as a U.S. citizen and due process

That her citizenship did not entitle her to constitutional rights in the visa process for her spouse.

What is a “facially legitimate” reason in the context of visa denials

A reason that appears valid on its face according to immigration law, such as a statutory citation.

What is a “bona fide” reason under Kleindienst

One that is not offered in bad faith or for discriminatory reasons.

What did the dissent worry about regarding secrecy in visa denials

That withholding reasons prevents meaningful review and undermines constitutional protections for citizens.

What type of visa did Din’s husband apply for

An immigrant visa based on spousal sponsorship.

What happens if a consular officer denies a visa based on §1182(a)(3)(B)

The officer is not required to provide further explanation beyond citing the statute.

Which court initially dismissed Din’s complaint

The Federal District Court.

What did the Ninth Circuit do before the Supreme Court intervened

It reversed the district court and held that Din was entitled to more explanation under due process.

What is the doctrine of consular nonreviewability

A legal doctrine that limits judicial review of visa denials made by U.S. consular officers abroad.

Why is consular nonreviewability important in this case

It supports the government’s argument that courts should not second-guess consular visa decisions affecting foreign nationals.

What remedy did Din seek in her lawsuit

A writ of mandamus and declaratory relief requiring the government to explain the visa denial and process it properly.

What is a writ of mandamus

A court order compelling a government official to perform a legally required duty.

Why did the Supreme Court ultimately remand the case

Because a majority agreed there was no due process violation requiring further court intervention.