James Devins v. John Armstrong - Petition for Rehearing Denied

The Fifth Circuit Court of Appeals has denied a petition for panel rehearing and withdrawn its prior opinion in James Devins v. John Armstrong, substituting a new opinion. The case involves James Devins's pro se action challenging the denial of a visa for a foreign student he sought to sponsor under the Religious Freedom Restoration Act (RFRA). The district court had dismissed the complaint with prejudice based on res judicata and lack of subject matter jurisdiction. The appellate court affirms the dismissal of the claims but reverses the dismissal with prejudice, remanding the case.

This action represents Devins's third attempt to challenge the visa denial, alleging violations of RFRA. The court's decision means that while the underlying claims are still dismissed, the dismissal will not be with prejudice, potentially allowing for refiling under different circumstances or with corrected procedural aspects. Regulated entities, particularly government agencies involved in visa processing, should note the court's affirmation of dismissal for lack of jurisdiction and standing in similar cases, while also being aware of the nuance regarding the prejudice of dismissal.