Ninth Circuit: Madeline Cardenas v. Loretta E. Lynch

Immigration, Due Process, Precedent

Narrowest concurrence controls on a plurality.

Where an immigration officer denies a visa, the rights of third party U.S. citizens are not harmed where there are discrete factual predicates found that correspond to a valid statute.  Burden is on the petitioner to establish bad faith. 

Assertion of racial prejudice and mistaken tattoo identification insufficient showing for bad faith.

 Madeline Cardenas v. Loretta E. Lynch