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Lobbying firm writes letter to remove Berisha's "Non Grata": Even in the Doshi vs Blinken case, the decision is final, Rubio's signature is needed!
2025-05-11 09:44:27 / POLITIKË
The lifting of the "Non Grata" for the opposition leader Sali Berisha is not a matter that is done with letters requesting a visa, but according to what the lobbying company itself writes, it is at the discretion of the US Secretary of State.
The whole debate was about whether there would be a decision by the Trump administration to review this decision before the elections, but the paper also takes into consideration three previous cases, one of which is the designation of politician Tom Doshi as "Non Grata" in the US and the case he filed there to overturn the decision, given a court ruling that nothing could happen.
Thank you for your time today. You asked us to research and clarify the unique aspects of the Section 7031 visa sanctions program that would prevent President Sali Berisha from simply sending a waiver application letter.
Section 7031(c) is a purely political process. FORPA did not create any process for exemption, application for exemption, or right of appeal. Rather, it gave the Secretary of State full discretion to designate an individual or to cancel or revoke that designation. It also gave the Secretary sole discretion to waive the sanction "if the Secretary determines that the exemption would serve a significant national interest or that the circumstances that made the individual ineligible have changed significantly."
Review or removal may occur through internal review, political reconsideration, or a change in administration policy. Sanctioned individuals or their representatives may submit opposing information to the State Department or lobby for revocation, but the final decision is entirely discretionary.
Neither the law nor the case law recognize any other avenue of appeal. In Bautista-Rosario v. Mnuchin, the D.C. District Court found that neither Section 7031(c) nor any other statute authorizes judicial review of such decisions. Absent such authorization, “judicial review of an alien’s exclusion is … inaccessible.” Another court, in Rahmani v. Yellen, also found that “it is not within the jurisdiction of any court … to review the determination of a political branch of the Government to exclude an alien.” In another case, Doshi v. Blinken, the court reiterated that the decision is final because the agency has completed its decision-making process.
If there are any violations of procedural rights, they remain within the Department's discretion under the Administrative Procedure Act. But these cases emphasize that only the Secretary can add or remove someone from the Section 7031(c) list.
Here, the case for removing President Berisha is strong for reasons that are clear: He is a staunch American ally, and his inclusion on the list was entirely politically motivated by the previous administration. The upcoming Albanian elections and the need for President Berisha to campaign in the Albanian-American diaspora constitute a “significant national interest” that requires swift and decisive action by the Secretary. President Berisha has consistently requested a formal review process and the opportunity to provide rebuttal information. And President Berisha’s supporters in the United States formally addressed the State Department in a letter dated March 28, 2025.
The only remaining avenue to seek justice is with the Secretary.
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