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CARDENAS v. U.S.

No. 13-35957.

826 F.3d 1164 (2016)

Madeline CARDENAS; Rolando Mora-Huerta, Plaintiffs-Appellants, v. UNITED STATES of America; Loretta E. Lynch, Attorney General; Rand Beers, in his official capacity as Secretary of Homeland Security; John F. Kerry, United States Secretary of State; Ian Brownlee, Consul General of The United States, City of Ciudad Juarez; John Does, 1-7, Consular Officers, American Consulate General Visa Section at Ciudad Juarez, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 21, 2016.

Attorney(s) appearing for the Case

Maria Elena Andrade, (argued) and Benjamin Stein, Andrade Legal, Boise, Idaho; Robert Pauw (argued), Gibbs Houston Pauw, Seattle Washington, for Plaintiffs-Appellants.

Katherine E.M. Goettel, (argued) and Stacey I. Young, Senior Litigation Counsel; Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Civil Division; William C. Peachey, Director; United States Department of Justice, Office of Immigration Litigation, Chicago, Illinois, for Defendants-Appellees.

Robert Pauw, Gibbs Houston Pauw, Seattle Washington; Charles Roth, Director of Litigation, National Immigrant Justice Center, Chicago, Illinois; Hiroshi Motomura, Los Angeles, California; for Amicus Curiae Law School Professors.

Deborah S. Smith, Immigration Clinic Director, University of Idaho College of Law, Moscow, Idaho, for Amicus Curiae American Immigration Lawyers Association.

Before: Richard C. Tallman and Andrew D. Hurwitz, Circuit Judges and Anthony J. Battaglia, District Judge.

OPINION

A consular officer denied the visa application of Rolando Mora-Huerta, a Mexican national, on the ground that he was a "gang associate" who intended to enter the United States to engage in unlawful conduct. See 8 U.S.C. § 1182(a)(3)(A)(ii). This suit, by Mora's wife, Madeline Cardenas, a United...

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