Deportation: Knoetze v. United States

This article discusses the legal issues concerning a South African boxer whose nonimmigrant visa was revoked by the Secretary of State due to an obstruction of justice conviction in South Africa. Section I of the article provides case facts and discusses relevant sections of the Immigration and Nationality Act. Section II dissects the district court’s holding. First, the author explains the court’s reasoning in holding that the Secretary of State’s visa revocation is subject to judicial review. Second, the author discusses the various tests courts have utilized in determining whether an offense committed abroad is a misdemeanor or felony before providing the court’s holding that the Secretary of State must follow a “reasonable legal test” when deciding on visa revocations. Third, the author discusses the court’s test regarding impermissible political interference in the visa revocation decision. The author contends the court, by not applying a defined standard of review, did not do enough to protect aliens’ rights. The author theorizes that the holding will complicate future State Department visa decisions. The author also states the court utilized a narrow standard when addressing the political interference question in this case.