Department of State v. Muñoz
Issues
(1) Does the government infringe upon a U.S. citizen’s constitutionally protected interest when it denies the citizen’s non-citizen spouse a visa? (2) If such an interest exists, does merely notifying the visa applicant that their visa was rejected under 8 U.S.C. § 1182(a)(3)(A)(ii) suffice in providing that citizen with due process?
This case asks the Supreme Court to determine whether the government infringes upon a U.S. citizen’s constitutionally protected interest when it denies their non-citizen spouse’s visa, and if so, whether the government’s citation of a statute as its reasoning is sufficient to provide that citizen with due process. Sandra Muñoz, a U.S. citizen, married Luis Asencio-Cordero, a non-citizen, and petitioned the government to grant her husband an immigration visa. The government denied the application, giving only a citation to 8 U.S.C. § 1182(a)(3)(A)(ii) as the reason. The government argues that Muñoz has no statutory or constitutional right to appeal the visa denial nor any right to further explanation of the reasoning behind the decision. Muñoz argues that the denial of her husband’s visa infringes upon her constitutionally protected liberty interests, and that she is entitled to further explanation about the denial under due process. This case has important ramifications for U.S. citizens with noncitizen spouses who wish to live together in the United States, for national security, and the ability of Congress to exercise oversight over agencies.
Questions as Framed for the Court by the Parties
(1) Whether a consular officer's refusal of a visa to a U.S. citizen's noncitizen spouse impinges upon a constitutionally protected interest of the citizen; and (2) whether, assuming that such a constitutional interest exists, notifying a visa applicant that he was deemed inadmissible under 8 U.S.C. § 1182(a)(3)(A)(ii) suffices to provide any process that is due.
In July 2010, Sandra Muñoz, a U.S. citizen, married Luis Asencio-Cordero, a citizen of El Salvador who first arrived in the United States in 2005. Muñoz v. Department of State at 8–9. Muñoz filed an immigration petition for Asencio-Cordero which was approved, and Asencio-Cordero returned to El Salvador in April 2015 to interview for his immigrant visa at the local U.S. consulate.
Additional Resources
- Andrea Castillo, Supreme Court to Hear Case of Los Angeles Man Denied Visa Over His Tattoos, Los Angeles Times (Jan. 12, 2024).
- Mariko Hirose, When U.S. Citizens Must Choose Between Love and Country, Law.com (December 7, 2023).