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US High Court Says Wife Can't Protest Husband's Visa Denial

  • VOA News

FILE - The U.S. Supreme Court in Washington, as seen from the roof of the U.S. Capitol.

FILE - The U.S. Supreme Court in Washington, as seen from the roof of the U.S. Capitol.

The U.S. Supreme Court has ruled against a woman who was trying to get her Afghan husband a U.S. visa.

The court said Monday that Fauzia Din, a naturalized U.S. citizen, had no basis to protest after her husband, Afghan citizen Kanishka Berashk, was denied a U.S. visa in 2009.

Consular officials had given no explanation for the refusal other than to cite a law giving them wide discretion to bar people linked with "terrorist activities."

Supreme Court justices split 5-4 against Din, with the more conservative justices in the majority.

Justice Antonin Scalia noted in his opinion that Din was not forbidden from getting married. "Those right-to-marry cases cannot be expanded to include the right Din argues for -- the right to live in the United States with one's alien spouse," Scalia said.

Din had also argued that she had a constitutional right to receive an explanation for the visa denial, based on marriage rights.

Din's lawyers believe the visa denial was related to the fact that Berashk had worked as a clerk in the Afghan government when the country was controlled by the Taliban.

The U.S. government says it is not required to give details on its decision to reject Berashk's visa application.

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