The Ninth Circuit has issued a published decision interpreting the Supreme Court's recent decision in Kerry v. Din.  The court adopted Justice Kennedy's concurrence, and determined that when a consular officer denies a visa to the spouse of a US citizen, the officer need only deny the visa under a valid statute of inadmissibility and cite a statute that specifies discrete factual predicates the consular officer must find to exist before denying a visa, or there must be a fact in the record that provides at least a facial connection to the statutory ground of inadmissibility.  Once the government has made that showing, the plaintiff has the burden of proving that the reason was not bona fide by making an affirmative showing of bad faith on the part of the consular officer who denied a visa.

The full text of Cardenas v. United States is available here: