Kerry

ORDER GRANTING DEFENDANTS’ MOTION FOR REMAND TO THE UNITED STATES DEPARTMENT OF STATE

I. INTRODUCTION

Plaintiff ASSE brought this suit against the U.S. State Department and other defendants after the State Department imposed “lesser sanctions” on it based on its alleged violations of the regulations governing a cultural exchange program involving foreign workers in the United States. ASSE asserted both that the State Department’s determination was arbitrary and capricious under the Administrative Procedures Act (APA) and that ASSE’s Fifth Amendment right to due process was violated.

This Court dismissed the case after determining that that the State Department’s decision was unreviewable under the Administrative Procedure Act (APA) and that the State Department afforded ASSE sufficient process. The Ninth Circuit reversed and remanded, holding that the State Department’s decision is reviewable under the APA and that—assuming that ASSE has a property interest in its allotment of volunteer slots that was diminished under the sanctions—the State Department did not provide adequate due process. The case is back before this Court on remand and the State Department has filed a motion…