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Rafael Bernardo Bailon v. Aach Holding Co.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


March 22, 2012

RAFAEL BERNARDO BAILON,
PLAINTIFF,
v.
AACH HOLDING CO., NO. 2, LLC, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Nita L. Stormes U.S. Magistrate Judge United States District Court

ORDER DENYING EX PARTE APPLICATION FOR AN ORDER

DIRECTING THE ISSUANCE OF A TEMPORARY VISA [Doc. No. 56.]

On March 14, 2012, Plaintiff filed an ex parte motion in this action. (Dkt. No. 56.) He is seeking an Order from this Court "directing the U.S. Department of State and the Department of Homeland Security to issue a temporary, nonimmigrant visa to Plaintiff for 90 days." Id. at 7.*fn1 He asserts this visa is necessary to complete his medical treatment and to complete this action. Id. at 6. Defendants oppose the motion. (Dkt. No. 57.)

Plaintiff cites no authority to suggest that this Court has the jurisdiction to compel the issuance of a visa to a foreign national. It is well-settled that a consul's decision to grant or deny a visa is not subject to judicial review, except under very limited circumstances which are not present here. See Li Hing of Hong Kong, Inc. v. Levin, 800 F.2d 970 (9th Cir. 1986); Ventura-Escamilla v. INS, 647 F.2d 28 (9th Cir. 1981).

ACCORDINGLY, Plaintiff's motion for this Court to direct the issuance of a visa is hereby DENIED.

IT IS SO ORDERED.


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