THE GUARDS MAY STILL GUARD THEMSELVES: AN
ANALYSIS OF HOW KERRY V. DIN FURTHER
ENTRENCHES THE DOCTRINE OF CONSULAR
EMILY C. CALLAN * & JOHNPAUL CALLAN**
In Alexander Solzhenitsyn’s celebrated novel One Day in the Life of
Ivan Denisovich, authorities arrest the titular character on dubious charges
he does not understand and sentence him to ten years of hard labor in a
Russian prison camp.1 When he approaches the ruling powers with
questions concerning the accusations levied against him, Ivan is met only
with the prison and legal systems’ minor officials who are possessed with a
dogged obedience to the systems’ rules and who refuse to provide him with
any explanations concerning his fate.2
Unfortunately, Ivan’s experience is not confined to the literary world, a
sad fact to which many immigration attorneys and still more foreign
nationals may attest.3 Foreign nationals who desire to come to the United
States for any number of reasons—e.g., work, study, investment, tourism,
family reunification—must obtain the appropriate visa at the U.S. consulate
in their home countries.4 During the visa interview process, the consular
Copyright © 2016, Emily C. Callan & JohnPaul Callan.
* Emily C. Callan (née Kendall) is an attorney working in private practice in Reston,
Virginia. She has published articles on multiple immigration and constitutional issues in law
journals including the Georgetown Immigration Law Journal, the John Marshall Law Review,
the Michigan State University College of Law International Law Review, the Journal of
Supreme Court History, and others.
** JohnPaul Callan is also an attorney working in private practice in Reston, Virginia. His
articles have been published in the University of Miami Business Law Review and the
Mississippi College Law Review.
1 See generally ALEXANDER SO LZHENITSYN, ONE DAY IN THE LIFE OF IVAN DENISOVICH
(Max Hayward & Ronald Hingley trans., 1963). “One day of Ivan Denisovich Shukhov, a
prisoner in a forced labor camp . . . unfolds as a picture of exceptional vividness and
truthfulness about the nature of man.” Id. at xix. “There were three thousand six hundred
and fifty-three days like this in his sentence, from reveille to lights out.” Id. at 203.
2 See generally id.
3 See Donald S. Dobkin, Challenging the Doctrine of Consular Nonreviewability in
Immigration Cases, 24 GEO. IMMIGR. L.J. 113, 113 (2010).
4 See id.