USCA11 Case: 19-14889 Date Filed: 10/26/2021 Page: 1 of 21 [PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 19-14889 ____________________ ANGELA DEL VALLE, Plaintiff-Appellant, versus SECRETARY OF STATE, UNITED STATES DEPARTMENT OF STATE, JOHN CREAMER, Charge d'Affairs, United States Embassy, Mexico City, Mexico, Defendants-Appellees. USCA11 Case: 19-14889 Date Filed: 10/26/2021 Page: 2 of 21 2 Opinion of the Court 19-14889 ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:19-cv-00900-WWB-DCI ____________________ Before JORDAN, JILL PRYOR, and TJOFLAT, Circuit Judges. JORDAN, Circuit Judge: The doctrine of consular non-reviewability, established by the Supreme Court, bars judicial review of a consular official’s de- cision regarding a visa application if the reason given is “facially le- gitimate and bona fide.” Kleindienst v. Mandel, 408 U.S. 753, 770 (1972). See also Kerry v. Din, 576 U.S. 86, 103–04 (2015) (Kennedy, J., concurring in the judgment) (applying the doctrine). Although the doctrine was announced 50 years ago, we have never addressed its scope in a published opinion. In this appeal, we address two questions. First, does the doc- trine operate by stripping federal courts of their subject-matter ju- risdiction? Second, does the doctrine require consular officials to identify or summarize the facts underlying a visa denial when the statutory provision of inadmissibility sets out factual predicates? We answer both questions in the negative. I Through a Form I-130 (Petition for Alien Relative), a United USCA11 Case: 19-14889 Date Filed: 10/26/2021 Page: 3 of 21 19-14889 Opinion of the Court 3 States citizen can seek to establish that certain alien relatives, in- cluding spouses, are “immediate relatives” eligible for an immi- grant visa. See 8 U.S.C. §§ 1151(b)(2)(A)(i) & 1154(a)(1)(A)(i); 8 C.F.R. § 204.1(a)(1). Approval of a Form I-130 allows immediate relatives who had been admitted into the United States to apply to adjust their status to that of lawful permanent resident. See 8 U.S.C. § 1255(a). Immediate relatives residing outside the United States must apply for an immigrant visa at a United States Embassy or Consulate in their country of residence and attend an interview with a consular official. See 22 C.F.R §§ 42.61(a) & 42.62. Angela Del Valle is a United States citizen. She is married to Carlos Del Valle, who is a Mexican citizen. In December of 2014, Mrs. Del Valle filed a Form I-130 for her husband with United States Citizenship and Immigration Services. Mr. Del Valle, though residing in the United States at the time, was undocumented. He was therefore ineligible to have his status adjusted to that of lawful permanent resident. See 8 U.S.C. § 1255(a). And because he had resided in the United States without status for over a year, upon returning to Mexico to apply for an immigrant visa he would have been inadmissible for a period of ten years. See 8 U.S.C. § 1182(a)(9)(B)(i)(II). That would have precluded him from obtain- ing a visa. Mr. Del Valle therefore applied for a provisional unlaw- ful …
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