University of Michigan Law School
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Case Name Allende v. Shultz IM-MA-0003
Docket / Court 83-3984 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Immigration
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 ... read more >
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).

Dan Dalton - 12/22/2007


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Issues and Causes of Action
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Issues
Immigration
Admission - criteria
Constitutional rights
Temporary visitors
Visas - criteria
Visas - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Bivens
Defendant(s) Department of State
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.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1987 - n/a
Case Closing Year 1989
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum 04/01/1985 (605 F.Supp. 1220) (D. Mass.)
IM-MA-0003-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum [re: Relief] 12/31/1985 (624 F.Supp. 1063) (D. Mass.)
IM-MA-0003-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum [re: Summary Judgment] 03/31/1987 (1987 WL 9764 / 1987 U.S.Dist.LEXIS 2798) (D. Mass.)
IM-MA-0003-0006 PDF | WESTLAW| LEXIS | Detail
USCA Opinion 04/13/1988 (845 F.2d 1111)
IM-MA-0003-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum [re: Attorney's Fees] 03/13/1989 (709 F.Supp. 18) (D. Mass.)
IM-MA-0003-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
USCA Opinion 12/05/1989 (891 F.2d 7)
IM-MA-0003-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Bownes, Hugh Henry (First Circuit, D.N.H.)
IM-MA-0003-0003
Breyer, Stephen Gerald (First Circuit, SCOTUS)
IM-MA-0003-0003
Caffrey, Andrew Augustine (D. Mass.)
IM-MA-0003-0001 | IM-MA-0003-0002 | IM-MA-0003-0004 | IM-MA-0003-0006
Lagueux, Ronald Rene (D.R.I.)
IM-MA-0003-0003
Mayer, Julius Marshuetz (Second Circuit, S.D.N.Y.)
IM-MA-0003-0005
Selya, Bruce Marshall (FISCR, First Circuit, D.R.I.)
IM-MA-0003-0005
Torruella, Juan R. (First Circuit, D.P.R.)
IM-MA-0003-0005
Monitors/Masters None on record
Plaintiff's Lawyers Boudin, Leonard B. (New York)
IM-MA-0003-0001 | IM-MA-0003-0002 | IM-MA-0003-0003 | IM-MA-0003-0004 | IM-MA-0003-0005 | IM-MA-0003-0006
Copeland, Edward (New York)
IM-MA-0003-0003 | IM-MA-0003-0004 | IM-MA-0003-0005
Crosby, Margaret C. (California)
IM-MA-0003-0003
Eisenberg, Arthur (New York)
IM-MA-0003-0003
Gross, Terry (New York)
IM-MA-0003-0003
Rosenberg, Allan R. (Massachusetts)
IM-MA-0003-0001 | IM-MA-0003-0002 | IM-MA-0003-0003 | IM-MA-0003-0004 | IM-MA-0003-0005 | IM-MA-0003-0006
Shapiro, Steven R. (New York)
IM-MA-0003-0003
Defendant's Lawyers Bernal, David V. (District of Columbia)
IM-MA-0003-0001 | IM-MA-0003-0002 | IM-MA-0003-0004 | IM-MA-0003-0006
Bombaugh, Robert L. (District of Columbia)
IM-MA-0003-0001 | IM-MA-0003-0002 | IM-MA-0003-0004 | IM-MA-0003-0006
Budd, Wayne A. (Massachusetts)
IM-MA-0003-0005
Hussey, Thomas W. (District of Columbia)
IM-MA-0003-0001 | IM-MA-0003-0002 | IM-MA-0003-0004 | IM-MA-0003-0006
Joyce, William P. (Massachusetts)
IM-MA-0003-0001 | IM-MA-0003-0002 | IM-MA-0003-0006
McNamara, Frank Jr (Massachusetts)
IM-MA-0003-0003
Nomkin, Joel W. (Arizona)
IM-MA-0003-0003
Schiffer, Stuart E. (District of Columbia)
IM-MA-0003-0005
Singer, Michael Jay (District of Columbia)
IM-MA-0003-0003 | IM-MA-0003-0005
Sisk, Gregory C. (District of Columbia)
IM-MA-0003-0005
Slavitt, Evan (Massachusetts)
IM-MA-0003-0004
Willard, Richard K. (District of Columbia)
IM-MA-0003-0003
Other Lawyers None on record

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