The Wall Street Journal reported upon the cases of individuals who are being denied lawful resident status based upon allegations of gang association. As the story explains, there is no judicial appeal process. In a federal lawsuit, Andrade Legal argues that the federal courts must have the power to review the consular officer’s decision. Read the complaint initiating the lawsuit here.
As explained by the WSJ in its online (7/10/12) and print editions (7/11/12), the consular decision is permanent and will deny our client the ability to join his U.S. Citizen wife for the rest of his life. The consul’s decision was based upon an asserted “reason to believe” that our client has an association with gangs — a finding that our client, our firm and local law enforcement denies. The Consulate said that our client was identified by local law enforcement as being in a gang. They said this, even though they have a letter from the same law enforcment agency stating that he is not a gang memeber and that his tattoo does not necessarily indicate gang association.
The on-line story quotes attorney Patrick Taurel, who is handling the case with Maria Andrade.
