Church's Appeal of Visa For Its Music Director Fails

In Liberty Church of the Assemblies of God v. Pompeo, (D MA, July 1, 2020), a Massachusetts federal district court invoked the doctrine of consular non-reviewability to dismiss a church's appeal of the denial of an R-1 visa to its Director of Music and Media.

[T]he complaint fails to plausibly plead a violation of Liberty Church’s constitutional rights. Although Liberty Church broadly alleges that the act of denying Mr. Rocha a visa infringed its rights under the Establishment Clause by making it “suddenly and unduly unable to establish church services” ..., it has not explained how it has been unable to establish church services in the wake of the denial. There is no indication, for example, that Liberty Church cannot operate without Mr. Rocha.... Indeed, the allegations in the complaint suggest the exact opposite.... To the extent Liberty Church instead means to contend that it needs someone (if not Mr. Rocha himself) to serve as Director of Music and Media, nothing in the complaint would allow the Court to reasonably infer that the denial of Mr. Rocha’s visa application rendered Liberty Church unable to employ a Director of Music and Media.