Department of State v. Munoz
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Department of State v. Munoz and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Department of State v. Munoz.
The Supreme Court reviewed whether Sandra Muñoz had a constitutional right to procedural due process in her husband's visa denial. The Ninth Circuit had vacated a lower court's decision, asserting Muñoz's liberty interest in her husband's visa application. The Court examined the doctrine of consular nonreviewability and the claimed fundamental right to live with a noncitizen spouse in the U.S.
Holding
The single most important “bottom line” of what the Court decided in Department of State v. Munoz.
The Court held that a citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.
Constitutional Concepts
These are the Constitution-related themes that appear in Department of State v. Munoz. Click a concept to see other cases that involve the same idea.
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Why Procedural Due Process is relevant to Department of State v. Munoz
The case centers on whether the State Department provided sufficient procedural due process in denying the visa application.
Syllabus excerpt (verbatim)The Due Process Clause required the State Department to give Muñoz a reason for denying her husband's visa.
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Why Judicial Review is relevant to Department of State v. Munoz
The case involves the doctrine of consular nonreviewability and whether judicial review is applicable.
Syllabus excerpt (verbatim)The Court has assumed a narrow exception in cases 'when the denial of a visa allegedly burdens the constitutional rights of a U. S. citizen.'
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Why Substantive Due Process is relevant to Department of State v. Munoz
The case discusses whether there is a fundamental right to live with a noncitizen spouse in the U.S. under substantive due process.
Syllabus excerpt (verbatim)Muñoz invokes the 'fundamental right to marriage,' but she actually claims something more distinct: the right to reside with her noncitizen spouse in the United States.
Key Quotes
Short excerpts from the syllabus in Department of State v. Munoz that support the summary and concepts above.
A citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.
The United States can, as a matter of public policy . . . forbid aliens or classes of aliens from coming within [its] borders.
Muñoz's claim to a procedural due process right in someone else's legal proceeding would have unsettling collateral consequences.
