Hung Chi Doan Lanh Thi Nguyen Huy Duc Doan Hoang Minh Doan Nhi Yen Doan v. Immigr. & Naturalization Serv., 160 F.3d 508 (8th Cir. 1999). · Go Syfert
Hung Chi Doan Lanh Thi Nguyen Huy Duc Doan Hoang Minh Doan Nhi Yen Doan v. Immigr. & Naturalization Serv., 160 F.3d 508 (8th Cir. 1999). Cases Citing This Book View Copy Cite
13 citation events (11 in the last 25 years) across 9 distinct courts.
Strongest positive: Ali Dorobati v. Eric Gaudiosi, Deputy Chief of Mission, U.S. Embassy in the United Arab Emirates (ared, 2026-01-12)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Ali Dorobati v. Eric Gaudiosi, Deputy Chief of Mission, U.S. Embassy in the United Arab Emirates
E.D. Ark. · 2026 · quote attribution · 1 verbatim quote · confidence high
administrative decisions excluding aliens are not subject to judicial review unless there is a clear grant of authority by statute.
discussed Cited as authority (quoted) Jane Doe 1 v. Nielsen
N.D. Cal. · 2018 · quote attribution · 1 verbatim quote · confidence low
administrative decisions excluding aliens are not subject to judicial review unless there is a clear grant of authority by statute.
discussed Cited as authority (rule) Pedrozo v. Clinton
S.D. Tex. · 2009 · confidence medium
See, e.g., De Castro v. Fairman, 164 Fed.Appx. 930, 932 (11th Cir.2006); Doan v. Immigration & Naturalization Serv., 160 F.3d 508, 509 (8th Cir.1999); Li Hing of Hong Kong, Inc. v. Levin, 800 F.2d 970, 971 (9th Cir.1986); Hsieh v. Kiley, 569 F.2d 1179, 1181 (2d Cir.), cert. denied, Hsieh v. Immigration & Naturalization Serv., 439 U.S. 828 , 99 S.Ct. 102 , 58 L.Ed.2d 121 (1978).
discussed Cited as authority (rule) Hernando Jose De Castro Polo v. Deborah Fairman
11th Cir. · 2006 · confidence medium
See, e.g., Te Kuei Liu v. Immigration and Naturalization Serv., 645 F.2d 279, 285 (5th Cir. Unit A May 1981) (explaining that actions of American consul in Winnipeg, Canada, where alien’s relative visa petition had been forwarded, were not “within the ambit of our review”); 1 Centeno v. Shultz, 817 F.2d 1212, 1214 (5th Cir.1987) (per curiam) (citing Te Kuei Liu for proposition that “decisions of United States consuls on visa matters are nonreviewable by the courts”); Saavedra, 197 F.3d at 1159 (defining doctrine of consular nonreviewability); Doan v. Immigration and Naturalization Se…
discussed Cited as authority (rule) Farah Naz Ahmed v. Department of Homeland Security
7th Cir. · 2003 · confidence medium
See Saavedra Bruno v. Albright, 197 F.3d 1153, 1159-60 (D.C.Cir.1999); Doan v. INS, 160 F.3d 508, 509 (8th Cir.1999); Centeno v. Shultz, 817 F.2d 1212, 1213-14 (5th Cir.1987) (per curiam); Ventura-Escamilla v. INS, 647 F.2d 28, 30 (9th Cir.1981); Burrafato v. U.S. Dep’t of State, 523 F.2d 554, 556-57 (2d Cir.1975).
discussed Cited as authority (rule) Ahmed, Farah N. v. DHS
7th Cir. · 2003 · confidence medium
Cir. 1999); Doan v. INS, 160 F.3d 508, 509 (8th Cir. 1999); Centeno v. Shultz, 817 F.2d 1212, 1213-14 (5th Cir. 1987) (per curiam); Ventura-Escamilla v. INS, 647 F.2d 28, 30 (9th Cir. 1981); Burrafato v. U.S. Dep’t of State, 523 F.2d 554, 556-57 (2d Cir. 1975).
discussed Cited as authority (rule) Bruno, Roberto S. v. Albright, Madeleine
D.C. Cir. · 1999 · confidence medium
Cir. 1977); Chi Doan v. INS, 160 F.3d 508, 509 (8th Cir. 1998); Centeno v. Shultz, 817 F.2d 1212, 1213 (5th Cir. 1987) (per curiam); Li Hing of Hong Kong, Inc. v. Levin, 800 F.2d 970 (9th Cir. 1986); Rivera de Gomez v. Kissinger, 534 F.2d 518, 518 (2d Cir. 1976) (per curiam); Romero v. Consulate of the United States, Barran- quilla, Colombia, 860 F. Supp. 319, 322-24 (E.D.
discussed Cited as authority (rule) Roberto Saavedra Bruno,appellants v. Madeleine K. Albright, Secretary of State,appellees
D.C. Cir. · 1999 · confidence medium
See, e.g., Castaneda-Gonzalez v. INS, 564 F.2d 417 , 428 n. 25 (D.C.Cir. 1977); Chi Doan v. INS, 160 F.3d 508, 509 (8th Cir.1998); Centeno v. Shultz, 817 F.2d 1212, 1213 (5th Cir.1987) (per curiam); Li Hing of Hong Kong, Inc. v. Levin, 800 F.2d 970 (9th Cir.1986); Rivera de Gomez v. Kissinger, 534 F.2d 518, 518 (2d Cir. 1976) (per curiam); Romero v. Consulate of the United States, Barranquilla, Colombia, 860 F.Supp. 319, 322-24 (E.D.Va. 1994); Kummer v. Shultzt 578 F.Supp. 341, 342 (N.D.Tex.1984); Licea-Gomez v. Pilliod, 193 F.Supp. 577, 582 (N.D.Ill. 1960).
discussed Cited "see, e.g." Doshi v. Blinken
D.D.C. · 2024 · signal: see also · confidence medium
Rather, the key question is whether “an executive officer” has decided “to admit or to exclude an alien,” in which case the decision is “final and conclusive.” Muñoz, 144 S. Ct. at 1820 (emphasis added); see also Doan v. INS, 160 F.3d 508, 509 (8th Cir. 1998) (concluding that an Immigration and Naturalization Service official’s decision was subject to consular nonreviewability); see also 6 U.S.C. § 236 (f) (equating “a consular officer” with any “other United States official or employee”).
discussed Cited "see, e.g." Teso v. Mayorkas
D. Minnesota · 2023 · signal: see also · confidence medium
Accordingly, the consular nonreviewability doctrine “shields a consular official’s decision to issue or withhold a visa from judicial review.” Id.; see also Doan v. I.N.S., 160 F.3d 508, 509 (8th Cir. 1998); Osman v. Clinton, Civ.
Retrieving the full opinion text from the archive…
Hung Chi DOAN; Lanh Thi Nguyen; Huy Duc Doan; Hoang Minh Doan; Nhi Yen Doan, Appellants,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Appellee
98-1731EM.
Court of Appeals for the Eighth Circuit.
Feb 5, 1999.
160 F.3d 508
Victoria F. Taylor, Santa Fe, NM, argued, for appellants., Edward J. Duffy, Washington, D.C., argued, for appellee.
McMillian, Arnold.
Cited by 10 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 58%
Citer courts: N.D. California (1)
RICHARD S. ARNOLD, Circuit Judge.

Lanh Thi Nguyen (Nguyen), Hung Chi Doan (Doan), Huy Due Doan, Hoang Minh Doan, and Nhi Yen Doan appeal from the District Court’s [1] order dismissing their complaint for lack of jurisdiction. We affirm.’

Nguyen is a citizen and resident of the Republic of Vietnam. Her husband, Doan, is a naturalized citizen of the United States, and their children — the other three plaintiffs — are permanent residents of the United States. Doan entered the United States as a refugee in 1989, but in 1993 the Immigration and Naturalization Service (INS) denied refugee status to Nguyen under 8 U.S.C. § 1182(a)(6)(C)(i) and (a)(6)(E)(i) on the basis of a “finding of misrepresentation and alien smuggling.” Specifically, the INS found that in 1992 she had submitted false documents, “attempted to gain an immigration benefit as the adoptive mother of an Amerasian,” and attempted to smuggle her brother by claiming he was her son.

In 1994, Doan became a naturalized United States citizen! In 1995, he petitioned the INS on behalf of his wife and children to[*509] accord them immediate-relative status for issuance of immigrant visas. In 1996, Nguyen filed with the INS District Director an “Application By Refugee For Waiver of Grounds Of Excludability” under 8 U.S.C. § 1157(c)(3) (Attorney General may waive earlier misconduct “for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest”). While the refugee-waiver application was pending, the children were granted immigrant visas, but Nguyen was denied a visa based upon the earlier finding of misrepresentation and attempted alien smuggling of her brother. In 1997, INS District Director Olen Martin, located in Bangkok, Thailand, refused Nguyen’s refugee-waiver application, citing the provision of 8 C.F.R. § 207.1(d) that an “applicant for refugee status who qualifies as an immediate relative ... shall not be processed as a refugee unless it is in the public interest,” and stating that, because Nguyen qualified as an immediate relative, she could not be considered for refugee classification.

Plaintiffs then filed the instant action with the District Court, seeking review of Director Martin’s decision. The INS filed a motion to dismiss. Noting that courts do not have jurisdiction to review consular officials’ determinations, the District Court concluded it lacked jurisdiction to review Director Martin’s decision, and dismissed plaintiffs’ claims with prejudice. Plaintiffs now appeal, asserting that the District Court erroneously found Director Martin’s decision was a nonreviewable consular official’s decision, and that Director Martin failed “to consider whether [Nguyen] is eligible for refugee classification.”

Because the position of INS District Director is distinct from that of a State Department consular official, we believe that the District Court may have mischaracter-ized Director Martin’s decision under Section 207.1(d) as a consular official’s decision. We conclude, however, that Director Martin is the functional equivalent of a consular official, because he is an Executive Branch official, located outside the United States, deciding questions of admissibility brought before him by aliens who are also located outside the United States. Administrative decisions excluding aliens are not subject to judicial review unless there is a clear grant of authority by statute. As there is no such statutory authority here, we conclude that Director Martin’s decision is not subject to judicial review. See Kleindienst v. Mandel, 408 U.S. 753, 762, 92 S.Ct. 2576, 33 L.Ed.2d 683 (1972) (“unadmitted and nonresident alien” has no constitutional right of entry into United States as nonimmigrant or otherwise); Brownell v. We Shung, 352 U.S. 180, 184 & n. 3, 77 S.Ct. 252, 1 L.Ed.2d 225 (1956); Haitian Refugee Ctr., Inc. v. Baker, 953 F.2d 1498, 1505-07 (11th Cir.) (per curiam) (§ 1157 makes no provision for judicial review, demonstrating Congress’s intent not to extend judicial review to aliens abroad; no judicial review under Administrative Procedure Act), cert. denied, 502 U.S. 1122, 112 S.Ct. 1245, 117 L.Ed.2d 477 (1992); cf. Patel v. Reno, 134 F.3d 929, 931-32 (9th Cir.1997) (consular official’s discretionary decision to grant or deny visa petition is generally not subject to judicial review).

Accordingly, we affirm.

1

. The Honorable Jean C. Hamilton,- Chief Judge, - United States District Court for the Eastern District of Missouri.