CA2 Addresses Consular Nonreviewability and Material Support

Court remands for consideration of whether the consular officer properly applied the “unless” clause of 8 U.S.C. § 1182(a)(3)(B)(iv)(VI)(dd) by confronting the applicant with the allegation that he knew he was providing material support to a terrorist org. and giving him the chance to negate it. (American Academy of Religion v. Napolitano, 7/17/09).