9th Circ. Revives Cultural Exchange Group's State Dept. Suit

Law360, New York (October 13, 2015, 6:51 PM EDT) -- The Ninth Circuit ruled Friday that State Department sanctions imposed against a third-party sponsor for a visitor visa program that allows foreign nationals to participate in temporary U.S. cultural and educational exchange programs are open to judicial review, saying the district court erred by dismissing the sponsor's claims.

In a published opinion, a three-judge panel disagreed with the State Department, which had argued that sanctions against ASSE International Inc. for violating the Exchange Visitor Program's rules were unreviewable on the grounds that such decisions are "committed to agency discretion by law," ruling that the sanctions are indeed subject to Administrative Procedure...

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