Supreme Court Hears Arguments in Immigration Case

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February 24, 2015
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On February 23, 2015, the U.S. Supreme Court heard oral arguments in the case of Fauzia Din, a U.S. citizen living in Fremont, who sued the federal government for denying a visa to her Afghan citizen husband and refusing to explain why.

In 1998, after the Taliban came to power, Din and her mother and sister fled Afghanistan and came to the U.S. as refugees.

In 2006, Din traveled to Afghanistan to marry a family friend. Soon after her wedding, she applied for her husband’s visa to the U.S. After a nearly three-year delay, the State Department denied the visa, offering no reason other than a vague “national security” allegation.  Ms. Din is an in-home caretaker. Her husband is a clerk in the Afghan Ministry of Education.

The State Department has insisted it has the right to deny visas without providing a reason.

In 2013, the Ninth Circuit Court of Appeals ruled in Kerry v. Din that the State Department was required to provide a legitimate basis for the denial. However, the Obama Administration appealed the decision to the Supreme Court.

During Din's nine-year struggle to secure her husband's visa, dozens of family members, friends, and coworkers have vouched that he has no ties to any terrorist activity.

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