The Supreme Court is set to hear oral arguments in the State Department v. Muñoz case which could have significant ramifications for future immigration cases.
In 2010, Luis Ernesto Asencio-Cordero, a Salvadoran who immigrated in 2005, wed civil rights lawyer Sandra Muñoz. The pair resided in Los Angeles and began the consular process in 2013. In 2015, Asencio-Cordero was denied his visa due to suspicion of gang affiliation stemming from concerns over the significance of his four tattoos (a theatrical mask, a tribal-style pattern, psychologist Sigmund Freud, and Our Lady of Guadalupe). Despite gang affiliation never being proven during expert testimony, Asencio-Cordero was still denied re-entry to the U.S., ultimately separating him from Muñoz.
For the past 7 years, the pair have been fighting for an appeal.
Ramifications of the Trial
In October 2022, the Ninth Circuit Court of Appeals ruled that Muñoz, who is a U.S. citizen herself, had her due process rights implicated under 8 U.S.C. § 1182(a)(3)(A)(ii) when reasoning over Asencio-Cordero’s denial was not fully rationalized or confirmed. Furthermore, Asencio-Cordero’s visa denial would be considered a violation of the constitutional rights of his wife to have the fundamental right of marriage.
The Biden administration continues to fight the appeal, siding with the rights of consular officers to make final decisions without full disclosure of their reasoning. Their argument states that doing such would be “profoundly disruptive” to the national security of the United States.
The Supreme Court hearing, beginning in April 2024, will be examining whether the couple can be reunified. Further, it will determine whether the visa denial of a U.S. citizen’s non-citizen spouse impinges on the constitutional and due process rights of said citizen.
Voting will need to hold a 6-3 majority. The verdict will set precedent for future cases.
Connect with a Marriage Immigration Lawyer
The State Department v. Muñoz Supreme Court hearing may greatly impact the rights of U.S. citizens seeking to marry non-citizen spouses. Any couple navigating the legal terrain should connect with a marriage immigration lawyer to determine the best course of action in undergoing the visa process.
Reeves Immigration Law Group has over four decades of experience helping reunite families and spouses. We understand the stresses the immigration system places on marriages and will do everything in our power to ease your concerns throughout the process. Our team of marriage immigration lawyers have a highly successful track record handling a wide array of cases from marriage fraud to widow(er) petitions and everything in between.
To discuss how this ruling or any other emerging legislation may impact your case, contact us today to speak with a California marriage immigration lawyer.
