Bailon v. AACH Holding Co., No. 2, LLC et al

Filing 58

ORDER denying 56 Ex Parte Application for an Order Directing the Issuance of a Temporary Visa. Signed by Magistrate Judge Nita L. Stormes on 3/22/12. (kaj)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RAFAEL BERNARDO BAILON,

CASE NO. 10cv1654-H (NLS)
Plaintiff,

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ORDER DENYING EX PARTE
APPLICATION FOR AN ORDER
DIRECTING THE ISSUANCE OF A
TEMPORARY VISA

vs.
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AACH HOLDING CO., No. 2, LLC, et al.,
[Doc. No. 56.]
Defendants.

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On March 14, 2012, Plaintiff filed an ex parte motion in this action. (Dkt. No. 56.) He is

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seeking an Order from this Court “directing the U.S. Department of State and the Department of

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Homeland Security to issue a temporary, nonimmigrant visa to Plaintiff for 90 days.” Id. at 7.1 He

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asserts this visa is necessary to complete his medical treatment and to complete this action. Id. at 6.

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Defendants oppose the motion. (Dkt. No. 57.)

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Plaintiff cites no authority to suggest that this Court has the jurisdiction to compel the issuance

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of a visa to a foreign national. It is well-settled that a consul’s decision to grant or deny a visa is not

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subject to judicial review, except under very limited circumstances which are not present here. See

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Li Hing of Hong Kong, Inc. v. Levin, 800 F.2d 970 (9th Cir. 1986); Ventura-Escamilla v. INS, 647

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F.2d 28 (9th Cir. 1981).

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Citations to Plaintiff’s motion refer to the internal page numbers of the document.
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10cv1654-H

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

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DENIED.

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IT IS SO ORDERED.

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DATED: March 22, 2012

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Hon. Nita L. Stormes
U.S. Magistrate Judge
United States District Court

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10cv1654-H