question presented that it simply inapplicable, when we focus on the case and the contesting of the case which tucker: i m not a lawyer, i m just asking a question, due process under the constitution only applies to visas and immigration when those rights are curtailed by an executive order by the president. that s what the executive court of appeal said. tucker: explain to be in simple terms what s legally wrong with the president s executive orders? why are they against the constitution?de with the statutory problem with them? there s several significant infirmities that the ninth circuit found. number one, the government took a position that the executive order was unreviewable, the ninth circuit stated cases going back 50 years ago made it clear that while a president s executive order that impacts national security and immigration is entitled to deference, it is reviewable