By a 5-4 vote, the justices upheld the State Department's refusal to issue an entry visa to Kanishka Berashk, an Afghan civil servant who worked for a government agency during the time of the
His wife, Fauzia Din, is a U.S. citizen living in Fremont and sought to have him join her here. She objected when his visa was denied based on a provision of a law that referred to "terrorist activities."
"I am terribly disappointed," Din said in response to the ruling. "My husband and I did nothing wrong. We got married and expected to live together in the United States, my home."
She had won before the U.S. 9th Circuit Court of Appeals, which said the government must give her a "legitimate reason" for denying her husband's visa.
But the Supreme Court disagreed Monday in the case called John F. Kerry vs. Fauzia Din.
The justices in the majority gave two separate reasons. Justice
Taking a narrower approach, Justice
He said the law's reference to "terrorist activities" is meaningless because it "covers a vast waterfront of human activity." It may well cover the husband's service as a civil servant during the Taliban regime, he said.