Filed Date: Dec. 14, 1983
Closed Date: 1989
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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)
Bownes, Hugh Henry (New Hampshire)
Breyer, Stephen Gerald (District of Columbia)
Boudin, Leonard B. (New York)
Bernal, David V. (District of Columbia)
Bombaugh, Robert L. (District of Columbia)
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)
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)
Schiffer, Stuart E. (District of Columbia)
Singer, Michael Jay (District of Columbia)
Last updated March 25, 2024, 3:04 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Massachusetts
Case Type(s):
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):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1987 - None
Issues
Immigration/Border: