Kerry v. Din and the Discriminatory Legacy of U.S. Immigration & Naturalization LawHamilton and Griffin on Rights (2015)
In a plurality opinion, the Court vacated the Ninth Circuit’s decision, which found that United States citizen Fauzia Din had a liberty interest in her marriage to Afghan citizen Kanishka Berashk and that the government deprived her of that liberty interest without due process when it denied Mr. Berashk’s visa application without sufficient explanation. At issue in the case was the doctrine of consular non-reviewability, but as Professor Kevin Johnson noted, because the decision was a plurality it is unlikely to change the doctrine. Justice Scalia’s reliance in the plurality opinion on a statute that stripped women of their citizenship and found its justification in the law of coverture does, however, further demonstrate the sexist history of the United States’ immigration and nationality laws and how it continues to negatively impact women today.
Publication DateJune 22, 2015
Citation InformationAngela D. Morrison. "Kerry v. Din and the Discriminatory Legacy of U.S. Immigration & Naturalization Law" Hamilton and Griffin on Rights (2015)
Available at: http://works.bepress.com/angela_morrison/52/