Capistrano

MEMORANDUM **

Fifteen Filipino visa applicants, along with their American citizen or permanent resident relatives, appeal the district court’s dismissal of their complaint alleging that the American consulate in Manila failed to follow proper protocol in determining that the applicants were inadmissable for entry into the United States due to admissions of prior drug use. 1 Upon the motion of the Department of State, the district court dismissed the complaint because the doctrine of consular nonreviewability deprived it of subject matter jurisdiction over the case. We agree and hold that we lack subject matter jurisdiction to review the consul’s decision to deny visas to these applicants for the same reason.

The doctrine of consular nonreviewability predates the founding of our Republic. See Saavedra Bruno v. Albright, 197 F.3d 1153, 1158-59 (D.C.Cir.1999) (noting that the doctrine “is in accordance with ... ancient principles of international law ... dating from Roman times”). We have consistently held that this doctrine prevents us from reviewing decisions reached by consular officials regarding the entry of visa applicants. See, e.g., Li Hing of Hong Kong v. Levin, 800 F.2d…