MLF Attorney Rosen Publishes on Consular Non-Reviewability

Adam Rosen, a Supervising Attorney and Member at the Murthy Law Firm, has published an article on Consular Non-Reviewability Doctrine in the Summer 2013 Immigration and Naturalization Committee Newsletter of the American Bar Association (ABA) Section on International Law. The ABA’s International Law Section is an important forum for immigration law professionals, and lawyers in related fields of international practice. It was founded in 1933 and has more than 23,000 members in more than 90 countries.

In the article, Rosen starts from the premise that decisions by consular officers normally are not subject to challenge in court – they are non-reviewable. In other words, except in very limited circumstances, if a consular officer denies a visa, a court of law will not even consider the case. However, by carefully tracing recent developments in the case law, Rosen finds that in a small subset of cases – involving visa application delays caused by “Administrative Processing” – a court challenge may be possible, but only as an extraordinary remedy, when other remedies are unavailing.

Rosen’s article demonstrates the kind of close reading and subtle thinking that set Murthy Law Firm lawyers apart. Our lawyers have both the competence and the confidence to explore challenging questions of law, and the persistence to find legal paths to success when all other roads are closed. We are proud of our attorneys for giving back to the legal community, contributing to a better understanding of immigration law by sharing their considerable expertise in professional forums like the ABA Immigration and Naturalization Committee Newsletter.

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.