Hermina Sague v. United States

Berger, a French citizen, married Sague, a U.S. citizen, in France, and Berger's application for an immigrant visa was denied by the U.S. Consular Officer there under §212(a) of the Immigration and Nationality Act. Berger and Sague (plaintiffs) sued the United States government (defendant) in district court under 42 U.S.C. §1981, arguing the denial deprived them of constitutional rights and that the underlying statute was unconstitutional, and asked the court to order that a visa be granted. The government moved to dismiss, arguing courts have no jurisdiction to review a consular officer's visa decisions.