Department of State v. Munoz (Immigration)

Department of State v. Munoz

Sandra Munoz is an American citizen who married Luis Ascenio-Cordero -- an El Salvador resident -- in 2010.  He was denied entry into the United States by the consulate in San Salvador.  Generally, these are finally determinations.  But, Munoz, his wife, filed suit, claiming that his denial represented a fundamental liberty interest that was entitled to due process of law.  She claimed that she had a right for her spouse to enter the United States.  The Court rejected this argument, stating that there is no fundamental right for a non-U.S. resident to be granted entry to the U.S. to live with their spouse domestically.  And therefore, there is no heightened showing required of the government to support its decision.  Reversed and remanded.  Justice Barrett delivered the opinion of the Court.  Gorsuch concurred.  Sotomayor filed a dissent, joined by Kagan and Jackson.