Lleshi v. Kerry, 127 F. Supp. 3d 196

Kristina Lleshi (Albanian citizen, resident in Italy) won a Diversity Visa (DV) slot and applied for a DV immigrant visa; husband Fran and son Marsel were co-plaintiffs (Marsel resides in U.S. on an F-1 visa).
Lleshi submitted educational and other documentation and attended consular interviews in Naples; on August 7, 2013 the consulate denied her DV visa for failing to show a secondary education equivalent to a U.S. high school.
On administrative reexamination, the consular officer concluded Lleshi’s transcript was primarily vocational (zootechnical) with few academic credits and reaffirmed the denial; the consulate declared its decision final.
Lleshi sought review in federal court (complaint asserting APA and procedural due process violations) challenging the substance of the consular officer’s education determination.
Defendants moved to dismiss for lack of subject-matter jurisdiction (consular nonreviewability) and failure to state a claim; the Court granted dismissal for lack of jurisdiction and did not reach Rule 12(b)(6) arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Court has jurisdiction to review a consular visa denial	Lleshi: consular determination is incorrect and should be reviewed; documents show she meets education requirement	Government: consular nonreviewability bars judicial review of visa denials	Court: Dismissed for lack of subject-matter jurisdiction under consular nonreviewability
Whether any narrow constitutional-exception to nonreviewability applies	Lleshi: asserted procedural due process and APA claims (seeking review)	Government: no U.S. citizen plaintiff and no protected life/liberty/property interest in visa; even if exception applied, government offered facially legitimate reason	Court: Exception inapplicable (no U.S. citizen plaintiff; no protected interest); alternative showing of facially legitimate and bona fide reason would also bar review

Kleindienst v. Mandel, 408 U.S. 753 (Sup. Ct. 1972) (courts defer to executive/consular visa decisions if a facially legitimate and bona fide reason is offered)
American Academy of Religion v. Napolitano, 573 F.3d 115 (2d Cir. 2009) (consular nonreviewability principle and limited constitutional-exception discussed)
Kerry v. Din, 135 S. Ct. 2128 (Sup. Ct. 2015) (reiterating narrow scope of judicial review for visa denials and the Mandel framework)
Saavedra Bruno v. Albright, 197 F.3d 1153 (D.C. Cir. 1999) (consular visa determinations generally not subject to judicial review)
Wan Shih Hsieh v. Kiley, 569 F.2d 1179 (2d Cir. 1978) (affirming lack of jurisdiction to review consular visa actions)
Burrafato v. U.S. Dep’t of State, 523 F.2d 554 (2d Cir. 1975) (district court correctly lacked jurisdiction to review visa denial)
Lem Moon Sing v. United States, 158 U.S. 538 (Sup. Ct. 1895) (early statement of plenary congressional/executive control over admission of aliens)