The following excerpt is from Zeng v. Pompeo, 17-2902-cv (2nd Cir. 2018):
visa applicant violated the plaintiff's First Amendment right to have the applicant present his views in this Country. Id. at 125 (relying on Kleindienst v. Mandel, 408 U.S. 753 (1972)). Under such circumstances, a court will review the consular officer's denial of a visa to determine whether the officer acted "on the basis of a facially legitimate and bona fide reason." Id. (quoting Mandel, 408 U.S. at 769-70). This standard will be satisfied where a consular officer relies on a statutory ground of inadmissibility, unless the plaintiff affirmatively proffers "a well supported allegation of bad faith." Id. at 137.
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