DC Circ. Tosses Thai Restaurant Workers' Employee Visa Suit

Law360 (January 22, 2021, 7:07 PM EST) -- The D.C. Circuit on Friday affirmed the dismissal of a suit brought by a Thai restaurant and two of its chefs challenging a consular officer's denial of visas to the workers, finding that a U.S.-Thailand treaty doesn't overcome a doctrine barring courts from reviewing such decisions.

The panel declined the restaurant's request to review the visa decision in its 13-page opinion and shot down the restaurant employees' argument that a business treaty between the two countries has an exception that allows for judicial review.

"Their argument fails, as it seeks to fashion a longstanding, common and well understood treaty provision into something it is not,"...

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