Rafiak Algzaly v. Anthony Blinken

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 22 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAFIAK MOHAMED ALGZALY; et al., No. 21-16375

Plaintiffs-Appellants, D.C. No. 3:20-cv-03322-JCS

v.

MEMORANDUM*

ANTONY J. BLINKEN, as Secretary of State; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Joseph C. Spero, Magistrate Judge, Presiding

Argued and Submitted June 9, 2022 Anchorage, Alaska

Before: HURWITZ, BRESS, and H. THOMAS, Circuit Judges.

Rafiak Mohamed Algzaly, a United States citizen, and his sons, Hani Rafeq

Mohammed Alghazali and Gubran Rafeq Mohammed Alghazali, citizens of Yemen,

challenge the determination that Hani and Gubran are inadmissible under 8 U.S.C.

§ 1182(a)(6)(C)(i). The district court dismissed their constitutional claims as barred

under the doctrine of consular nonreviewability and denied, on the same grounds,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. leave to raise a claim under…