Politics
Supreme Court skeptical of siding with L.A. man denied visa over tattoos
For the record:
1:22 p.m. April 23, 2024In a previous version of this article, Luis Asencio Cordero’s surname was misspelled as Acensio Cordero.
Supreme Court justices sounded skeptical Tuesday about siding with a Los Angeles woman who claimed her constitutional rights were violated when the government denied a visa to her Salvadoran husband, in part over his tattoos.
While some justices said they agreed that denial of a visa to a U.S. citizen’s spouse could in theory infringe on the citizen’s constitutionally protected interests, a majority suggested the government had fulfilled its legal responsibilities in this case.
Former resident Luis Asencio Cordero, who is from El Salvador, has been separated from his wife, L.A. civil rights attorney Sandra Muñoz, since 2015.
The couple sued, arguing the federal government had violated her rights to marriage and due process by failing to provide a timely explanation for denying his visa.
Initially, the government said it denied the visa due to concerns that Asencio Cordero would be likely to engage in unlawful activity if he were allowed back into the U.S.
Later, the couple learned through their lawsuit that the government believed he was an MS-13 gang member, based on his tattoos as well as an interview and background check.
Asencio Cordero denies that his tattoos — which depict the comedy and tragedy theater masks, La Virgen de Guadalupe and a tribal design with a paw print — are affiliated with a gang. A court-approved gang expert concurred.
The Biden administration is asking the Supreme Court to reverse a 9th Circuit Court of Appeals ruling in favor of the couple.
Administration lawyers have argued that because Muñoz and Asencio Cordero could choose to live outside the U.S., her right to marriage has not been violated. The administration also argued that immigration officials have broad discretion when deciding whom to admit into the country.
Administration lawyers also said that requiring the government to disclose specific details about the evidence and intelligence used in such decisions would slow processing, pose a risk to public safety and could chill future information-sharing with foreign partners.
A long-established judicial doctrine prevents court reviews of visa determinations except in limited cases.
Curtis Gannon, a Biden administration attorney, said Muñoz was affected “only indirectly” by the government’s actions.
“Muñoz cannot challenge the denial of her husband’s visa application any more than she could challenge a decision at the end of a removal proceeding that he will be removed from the United States, or at the end of a criminal trial that he would be sent to a prison far across the country,” Gannon told the justices.
Liberal Justice Sonia Sotomayor cited the long history of cases establishing the right to marriage. Assuming Muñoz is entitled to protection of that right, she said, the question is what kind of process is enough.
“Here you’re saying she’s entitled to nothing,” Sotomayor said to Gannon. “Why do we have to go that far?”
Sotomayor and fellow liberal Justice Elena Kagan suggested the government’s initial explanation for the denial was too vague.
“How does a citation to unlawful activity tell anybody anything?” Sotomayor asked.
Other justices appeared to agree that the government had provided sufficient explanation as currently required under the law, and that State Department decisions on visas should not be second-guessed by judges.
Justice Neil M. Gorsuch and Chief Justice John G. Roberts Jr., both conservatives, questioned what additional information or explanation should be required of the government if the case were to be sent back to lower courts for further review, as the couple is seeking.
“Why are we here?” Gorsuch asked. “I’m not sure what the cause of action here is.”
Conservative Justice Amy Cony Barrett said case law doesn’t require the government to explain more than it already has about the visa denial.
“I guess I don’t see why Justice Gorsuch isn’t right, that this is just game over,” she said.
Kagan agreed, questioning why the case was ongoing given that the couple had already gotten what they’d sought: an explanation of the visa denial.
Eric Lee, Muñoz’s attorney, said the couple want to file a new visa application with evidence refuting the MS-13 membership allegation — with assurance that the federal government will review it.
A request for reconsideration is limited to one year after a visa denial. Because Asencio Cordero didn’t know why he had been denied, Lee argued, the couple missed the opportunity to prove the government wrong. Had they known the government believed he was an MS-13 member, the affidavit they later submitted by a gang expert could have been specifically tailored to explain why his tattoos weren’t consistent with the notorious gang.
“It doesn’t give us any guarantee, but that’s what due process requires,” Lee said.
Roberts and fellow conservative Justice Samuel A. Alito Jr. suggested that Lee’s arguments on behalf of the couple appeared contrary to the federal government’s right to control who enters the U.S.
“How do you weigh the liberty interests that you are asserting against the government’s interest in denying visas to people who would present a danger when they get to the United States?” Alito asked.
“I don’t see how you can avoid the conclusion that that involves weighing what I, at least, see as totally disparate and perhaps unweighable interests,” Roberts added.
Lee replied that consular officers have heavy caseloads, “and what we’re asking for is for them to give us enough information to help them make a decision.”
If the court sides with Muñoz, other families could be entitled to some explanation when they are denied visas.
But immigrant advocates worry the court’s conservative majority could instead strengthen consular officers’ broad powers.
NEWYou can now listen to Fox News articles!
The U.S. military announced another deadly strike against a vessel that it alleges was involved in “narco-trafficking” efforts.
“On April 19, at the direction of #SOUTHCOM commander Gen. Francis L. Donovan, Joint Task Force Southern Spear conducted a lethal kinetic strike on a vessel operated by Designated Terrorist Organizations,” U.S. Southern Command indicated in a post on X.
“Intelligence confirmed the vessel was transiting along known narco-trafficking routes in the Caribbean and was engaged in narco-trafficking operations,” the post continued.
US MILITARY KILLS 2 SUSPECTED CARTEL OPERATIVES IN LATEST EASTERN PACIFIC LETHAL STRIKE, SOUTHCOM SAYS
The U.S. military announced that it killed three “narco-terrorists” in a strike in the Caribbean on Sunday, April 19, 2026. (@Soutcom via X)
SOUTHCOM indicated that the attack killed three men.
“Three male narco-terrorists were killed during this action. No U.S. military forces were harmed,” the post noted.
President Donald Trump’s administration has carried out dozens of deadly strikes against vessels of alleged “narco-terrorists.”
US MILITARY CONDUCTS MORE DEADLY STRIKES AGAINST VESSELS OF ALLEGED ‘NARCO-TERRORISTS’
Marine Corps Lt. Gen. Francis L. Donovan, nominee for commander of U.S. Southern Command, testifies during his Senate confirmatino hearing on Capitol Hill in Washington, D.C., on Jan. 15, 2026. (Brendan Smialowski/AFP via Getty Images)
In a completely different part of the world, amid ongoing tensions between America and Iran, the U.S. attacked an Iranian-flagged cargo ship on April 19.
“Guided-missile destroyer USS Spruance (DDG 111) intercepted M/V Touska as it transited the north Arabian Sea at 17 knots enroute to Bandar Abbas, Iran. American forces issued multiple warnings and informed the Iranian-flagged vessel it was in violation of the U.S. blockade,” U.S. Central Command noted.
US SEIZES IRANIAN SHIP AFTER OPENING FIRE; PAKISTAN TALKS IN DOUBT
President Donald Trump on the South Lawn of the White House before boarding Marine One in Washington, D.C., on Thursday, April 16, 2026. (Graeme Sloan/Sipa/Bloomberg via Getty Images)
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
“After Touska’s crew failed to comply with repeated warnings over a six-hour period, Spruance directed the vessel to evacuate its engine room. Spruance disabled Touska’s propulsion by firing several rounds from the destroyer’s 5-inch MK 45 Gun into Touska’s engine room. U.S. Marines from the 31st Marine Expeditionary Unit later boarded the non-compliant vessel, which remains in U.S. custody,” CENTCOM noted.
SACRAMENTO — A month after a public uproar over a mama bear being euthanized after swiping at a resident in Monrovia, state lawmakers are considering mandating the use of nonlethal ways to help allow wildlife and humans to coexist.
Sen. Catherine Blakespear (D-Encinitas) said she believes the bear’s death, and the state’s decision to kill four wolves last year that were preying on cattle, raised public concern.
“That made everybody realize we have to do better here,” she told The Times on Thursday. “We need to recognize the importance of seeing ourselves, humans, as part of a larger ecosystem that includes animals and plants and our world and trying to protect it.”
Senate Bill 1135, introduced by Blakespear, would direct the California Department of Fish and Wildlife to create the Wildlife Coexistence Program, which would provide public education, offer technical assistance and maintain a statewide incident reporting system. It would help communities deploy nonlethal devices to deter predators, like barriers or noise and light machines.
At a legislative hearing on Tuesday, Blakespear told the Senate Committee on Natural Resources and Water that a three-year state initiative offering similar services was seeing positive results — until it was discontinued two years ago after funding ran dry. She said it was time to implement a permanent program.
“Human population growth, habitat loss and the growth of industry across California inevitably leads to interaction between humans and wildlife,” Blakespear told legislators. “No two animal species are the same and each has unique behavior patterns and territories. SB 1135 recognizes these differences and gives communities the tools to prevent conflict and respond when it occurs.”
The bill would also rename a state program that reimburses ranchers who lose livestock to wolves, calling it the Wolf-Livestock Coexistence and Compensation Program. It would require ranchers seeking compensation to show they were using nonlethal deterrents approved by the department.
Sen. Shannon Grove (R-Bakersfield) stressed that life in rural areas is different than living in a city. She said some families and cattle ranchers have a genuine fear of predators.
“When these baby calves drop on the ground and then two wolves start ripping them apart, it’s not the prettiest thing you’ve ever witnessed,” said Grove, who abstained from voting on the measure. “These wolves are not puppies.”
More than 30 organizations are supporting the legislation, including the National Wildlife Federation, Defenders of Wildlife, California State Assn. of Counties, Animal Legal Defense Fund and Citizens for Los Angeles Wildlife.
The California Farm Bureau and the California Cattlemen’s Assn. are in opposition due to concerns over funding.
Last month, Blakespear sent a letter to the chair of the Senate Committee on Budget and Fiscal Review requesting $48.8 million to implement the legislation, with $25 million earmarked for addressing wolf encounters. Half of the money for wolf conflicts would go toward deterrents; the remainder would compensate ranchers for their losses.
Kirk Wilbur, vice president of government affairs cattlemen’s association, said the organization is concerned about that division of funding — especially if funding is reduced.
Wilbur told legislators Tuesday that the organization supports some aspects of the bill and was having productive conversations with Blakespear to address their concerns.
The bill ultimately passed the committee with a 5-to-1 vote and now heads to the Senate Committee on Appropriations.
Human wildlife conflicts have made headlines in California recently, with a bear refusing to leave a basement for weeks in Altadena and a mama bear dubbed Blondie crossing paths last month with a woman walking her dog in Monrovia.
Blondie swiped the woman’s leg, and was subsequently euthanized by the California Department of Fish and Wildlife. Her two cubs were sent to the San Diego Humane Society’s Ramona Wildlife Center. The bear’s death upset many in the community, as thousands had signed a petition calling for other solutions, like relocation.
Deadly wildlife attacks on humans, however, are rare in California.
There have been six reported human fatalities from mountain lions since 1890, according to the state Fish and Wildlife Department. The agency recorded one human fatality from a coyote in 1981 and another fatality from a black bear in 2023. The department has no recorded human fatalities from gray wolves.
NEWYou can now listen to Fox News articles!
The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.
Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.
The Department of Justice did not immediately respond to Fox News Digital’s request for comment.
DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES
Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.
He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.
The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.
BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS
Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.
As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)
Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.
-
Denver, CO6 seconds agoColorado boasts two of the best coffee shops in the Americas, according to new ranking
-
Seattle, WA6 minutes agoDelta flight from Seoul to Atlanta diverted to Seattle after report of suspicious package
-
San Diego, CA12 minutes agoThe Best Things to Do in San Diego: May 2026 | San Diego Magazine
-
Milwaukee, WI18 minutes agoMarvin Bynum named to BizTimes Milwaukee’s Notable Leaders in Law | Marquette Today
-
Atlanta, GA24 minutes agoAtlanta man convicted of abusing minors while stationed abroad
-
Minneapolis, MN30 minutes agoMan convicted of murdering Mariah Samuels set for sentencing Monday after skipping previous court date
-
Indianapolis, IN36 minutes agoLouisville native set to make debut in Indianapolis 500
-
Pittsburg, PA42 minutes agoPittsburgh’s new 2026 budget is approved, with nearly $30 million in realigned expenses