The Tenth Circuit has issued a decision addressing a visa denial to a worship leader, and how the doctrine of consular nonreviewability intersects with the First Amendment rights of American citizens to hire a religious worker. First, the court determined that the Religious Freedom Restoration Act’s (RFRA) cause of action does not expressly authorize federal court of review of consular officers’ visa decisions. The court then concluded that the consulate has provided a bona fide and legitimate reason for denying the applicant’s visa by citing the fraud and misrepresentation inadmissibility statute. This citation was also supported by evidence in the record that the applicant had received honoraria while in the United States on a tourist visa. Finally, the plaintiff had not plausibly alleged bad faith because did not allege that the officer did not in good faith believe the information that he had.
The full text of Calvary Albuquerque v. Rubio can be found here: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111230435.pdf