Review of Visa Denials: The American Consul as 20th Century Absolute Monarch

In this Article, Mr. Wildes argues that the lack of any meaningful administrative or judicial review of the denial of United States entry visas is one of the major outrages of the American immigration system. The issue arises out of a denial of certiorari in Centeno v. Shultz, an appeal from the Fifth Circuit Court of Appeals. The Court of Appeals had held that a consular determination denying an alien's application for a visitor's visa to the U.S. was not subject to judicial review. The court argued it lacked jurisdiction.

The author questions the power of Congress to limit the jurisdiction of federal courts where the applicable statute contains no explicit limitation on the jurisdiction of courts to review the denial of visas. In conclusion, reading an implied limitation on judicial review into the law is erroneous and should be remedied either by judicial intervention or an amendment to the Immigration and Nationality Act.