Page:Kerry v. Din.pdf/4

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
2
KERRY v. DIN

Opinion of SCALIA, J.

What Justice Breyer’s dissent strangely describes as a "deprivation of her freedom to live together with her spouse in America," post, at 4–5, is, in any world other than the artificial world of ever-expanding constitutional rights, nothing more than a deprivation of her spouse’s freedom to immigrate into America.

For the reasons given in this opinion and in the opinion concurring in the judgment, we vacate and remand.

I

A

Under the Immigration and Nationality Act (INA), 66 Stat. 163, as amended, 8 U. S. C. §1101 et seq., an alien may not enter and permanently reside in the United States without a visa. §1181(a). The INA creates a spe­cial visa-application process for aliens sponsored by "im­mediate relatives" in the United States. §§1151(b), 1153(a). Under this process, the citizen-relative first files a petition on behalf of the alien living abroad, asking to have the alien classified as an immediate relative. See §§1153(f), 1154(a)(1). If and when a petition is approved, the alien may apply for a visa by submitting the required documents and appearing at a United States Embassy or consulate for an interview with a consular officer. See §§1201(a)(1), 1202. Before issuing a visa, the consular officer must ensure the alien is not inadmissible under any provision of the INA. §1361.

One ground for inadmissibility, §1182(a)(3)(B), covers "[t]errorist activities.” In addition to the violent and de­structive acts the term immediately brings to mind, the INA defines “terrorist activity” to include providing mate­ rial support to a terrorist organization and serving as a terrorist organization’s representative. §1182(a)(3)(B)(i), (iii)–(vi).

B

Fauzia Din came to the United States as a refugee in