Case: Allende v. Shultz

1:83-03984 | U.S. District Court for the District of Massachusetts

Filed Date: Dec. 14, 1983

Closed Date: 1989

Clearinghouse coding complete

Case Summary

In December 1983, Hortensia de Allende, the widow of the former Chilean President, and U.S. citizens who had extended speaking invitations to her filed suit in the United States District Court for the District of Massachusetts to contest her denial of nonimmigrant tourist visa in response to speaking invitations from various scholastic and community groups. The State Department denied the visa under Section 212(a)(27) of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1182(a)(27) (1982…

In December 1983, Hortensia de Allende, the widow of the former Chilean President, and U.S. citizens who had extended speaking invitations to her filed suit in the United States District Court for the District of Massachusetts to contest her denial of nonimmigrant tourist visa in response to speaking invitations from various scholastic and community groups. The State Department denied the visa under Section 212(a)(27) of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1182(a)(27) (1982), which permitted exclusion of aliens who seek to enter U.S. to engage in activities that would prejudice public interest or endanger security of United States. The State Department cited Allende's membership to a suspected communist group and the general harm to U.S. foreign policy created by her presence as reasons it denied her visa. The U.S. citizen plaintiffs claimed the denial of a visa to Allende infringed on their First Amendment rights.

The government moved to dismiss or in the alternative for summary judgment. The District Court (Chief Judge Caffrey) denied that motion. Allende v. Shultz, 605 F.Supp. 1220 (D.Mass.1985). The second motion to dismiss on mootness grounds was also denied. Allende v. Shultz, 624 F.Supp. 1063 (D.Mass.1985). The District Court subsequently granted plaintiffs' motion for summary judgment, holding that the government did not present a lawful reason under § 212 (a) (27) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(27) for refusing to grant Mrs. Allende a nonimmigrant visa. Allende v. Shultz, 1987 WL 9764 (D.Mass. March 31, 1987). The government appealed and the First Circuit affirmed. Allende v. Shultz, 845 F.2d 1111 (1st Cir. 1988).

Litigation over attorneys' fees followed. The District Court awarded plaintiffs attorneys' fees of $146,318.35. de Allende v. Shultz, 709 F.Supp. 18 (D.Mass. 1989). The government appealed and the First Circuit reversed, finding that plaintiffs were not entitled to an award of attorney fees under the Equal Access to Justice Act. De Allende v. Baker, 891 F.2d 7 (1st Cir. 1989).

Summary Authors

Dan Dalton (12/22/2007)

People


Judge(s)

Bownes, Hugh Henry (New Hampshire)

Breyer, Stephen Gerald (District of Columbia)

Caffrey, Andrew Augustine (Massachusetts)

Lagueux, Ronald Rene (Rhode Island)

Mayer, Julius Marshuetz (New York)

Selya, Bruce Marshall (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Boudin, Leonard B. (New York)

Copeland, Edward (New York)

Crosby, Margaret C. (California)

Judge(s)

Bownes, Hugh Henry (New Hampshire)

Breyer, Stephen Gerald (District of Columbia)

Caffrey, Andrew Augustine (Massachusetts)

Lagueux, Ronald Rene (Rhode Island)

Mayer, Julius Marshuetz (New York)

Selya, Bruce Marshall (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Boudin, Leonard B. (New York)

Copeland, Edward (New York)

Crosby, Margaret C. (California)

Eisenberg, Arthur (New York)

Gross, Terry (New York)

Rosenberg, Allan R. (Massachusetts)

Shapiro, Steven R. (New York)

Attorneys(s) for Defendant

Bernal, David V. (District of Columbia)

Bombaugh, Robert L. (District of Columbia)

Budd, Wayne A. (Massachusetts)

Hussey, Thomas W. (District of Columbia)

Joyce, William P. (Massachusetts)

McNamara, Frank Jr (Massachusetts)

Nomkin, Joel W. (Arizona)

Schiffer, Stuart E. (District of Columbia)

Singer, Michael Jay (District of Columbia)

Sisk, Gregory C. (District of Columbia)

Slavitt, Evan (Massachusetts)

Willard, Richard K. (District of Columbia)

Documents in the Clearinghouse

Document

1:83-03984

Memorandum

605 F.Supp. 1220

April 1, 1985

April 1, 1985

Order/Opinion

1:83-03984

Memorandum [re: Relief]

624 F.Supp. 1063

Dec. 31, 1985

Dec. 31, 1985

Order/Opinion

1:83-03984

Memorandum [re: Summary Judgment]

1987 WL 9764, 1987 U.S.Dist.LEXIS 2798

March 31, 1987

March 31, 1987

Order/Opinion

87-01469

USCA Opinion

U. S. Court of Appeals for the First Circuit

845 F.2d 1111

April 13, 1988

April 13, 1988

Order/Opinion

1:83-03984

Memorandum [re: Attorney's Fees]

709 F.Supp. 18

March 13, 1989

March 13, 1989

Order/Opinion

89-01360

USCA Opinion

U. S. Court of Appeals for the First Circuit

891 F.2d 7

Dec. 5, 1989

Dec. 5, 1989

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:07 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 14, 1983

Closing Date: 1989

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The widow of the former Chilean President who was denied a nonimmigrant tourist visa, and U.S. citizens who had extended speaking invitations to her.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of State, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1987 - None

Issues

Immigration/Border:

Admission - criteria

Constitutional rights

Temporary visitors

Visas - criteria

Visas - procedures