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A federal court in New York has ruled that he is "non grata" under section 7031(c)...
A federal court in the US has legitimized the "non grata" declarations signed by former Secretary of State Antony Blinken.
A senator from Liberia (an African country) was declared persona non grata by Blinken under Article 7031(c), the same article under which Sali Berisha, Tom Doshi, Adriatik Llalla, and Vangjush Dako were declared "non grata."
Unlike Berisha, who attempted to file a lawsuit in Paris, Senator Margibi J. Emmanuel Nuquay has filed a lawsuit in the New York Court, which today decided to dismiss his request, American media report.
His complaint came after the Liberian politician requested to attend the UN meeting.
But according to media reports, Judge Andrew L. Carter, who issued the ruling, relied on the US State Department's December 12, 2023, act, publicly determining that Nuquay and other Liberian officials cannot enter the US due to corruption charges.
On September 19, 2024, Senator Nuquay sued then-Secretary of State Antony Blinken, the then-Charge d'Affaires of the U.S. Embassy, Catherine Rodriguez, the United States Department of State, and the United States Permanent Mission to the UN as defendants.
In its counterargument, the State Department wrote to the court that it should apply the “consular doctrine of non-reviewability.” This doctrine prohibits a court from reviewing a government decision to exclude or deny a visa to a particular individual. The exception to this rule is if the U.S. Congress specifically authorizes judicial review of a particular case.
According to the judge, the only one who can decide to cancel the determinations is the Secretary of State, but even then in very specific cases.
" The Secretary of State may waive the sanction if he determines that the waiver would serve a national interest or that the circumstances that gave rise to the sanction have changed significantly ," the court states.
So Marco Rubio should make a decision for anyone who thinks the sanctions should be lifted, if there are other circumstances. This means that even Berisha, if he wants the "non-woman" label to be lifted, must lobby hard all the way to the Secretary of State. But again, Rubio should make this decision if lifting the "non-woman" label for Berisha serves the national interest of the US. /Pamphlet
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