To bring the discussion back into the realm of the informational, I thought I’d offer a bit on the process and rights people have with regards to visas and deportation.
Visa Applications Overseas: Applicants for most classes of visa overseas, especially non-immigrant visas, have almost no appeal rights. In fact, for most cases, they are assumed to be intending illegal immigrants until they prove otherwise to a consular officer. Under a provision of immigration law, a consular officer can also refuse a visa if it is suspected the person intends to use the visa in a “manner inconsistent with its purpose.” This basically means that a person can be denied because the officer doesn’t like the cut of his jib, and officers are encouraged to deploy this provision when an applicant gives them the ick or bad vibes.
This is basically a superpower. Courts have established that consular officer decisions overseas are not subject to appeal or judicial review. Admin law judges are also endowed with this narrow superpower for their decisions.
Visa Revocations: If a person is outside the US, a visa can be revoked at any time by the State Department with no review or appeal. However, there almost always needs to be a specific reason, simply “cause you’re sus” won’t work. Last year the Supreme Court ruled that DHS can revoke visas inside the United States for “good and sufficient cause” with no review or appeal.
Legal Permanent Residents (Green Card): Now you have significant rights. A green card holder can have his status revoked but only for specific cause. Usually, this is fraud, misrepresentation, or criminal activity. Support for terrorism is also a reason. A revocation must be approved by an immigration judge. It is not a simple discretionary decision.
And that’s what the government needs to do here. If this person has supported terrorism then the government needs to go before an immigration law judge and make the case. I suspect if they do, it will be extremely flimsy.