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Case Name Baker v. City of New York IM-DC-0012
Docket / Court 83-3741; 83-3739; 83-3895 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Case Summary
In 1988, three separate lawsuits were filed in the United States District Court for the District of Columbia, challenging the Secretary of State's refusal to issue nonimmigrant tourist visas to aliens that the plaintiffs had invited to come to the U.S. for public speaking engagements. The State ... read more >
In 1988, three separate lawsuits were filed in the United States District Court for the District of Columbia, challenging the Secretary of State's refusal to issue nonimmigrant tourist visas to aliens that the plaintiffs had invited to come to the U.S. for public speaking engagements. The State Department denied the visas under Section 212(a)(27) of the Immigration and Nationality Act, 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 U.S. citizen plaintiffs claimed that the denial of the visas to the aliens infringed the plaintiffs' First Amendment rights. The three cases and the aliens who requested visas were: Abourezk v. Bush, No. 88-5235 (Tomas Borge, Nicaragua's Minister of the Interior); City of New York v. Baker, No. 88-5236 (Olga Finlay and Leonor Rodriguez Lezcano, members of the Federation of Cuban Women); and Cronin v. Baker, No. 88-5237 (Nino Pasti, former member of the Italian Senate and participant in the World Peace Council).

The District Court (Judge Harold H. Greene) entered judgment in favor of the government. Abourezk v. Reagan, 592 F.Supp. 880 (D.D.C. 1984). Plaintiffs appealed. The Court of Appeals vacated and remanded for further consideration of the issue of whether subsection 27 permitted the exclusion of aliens based solely on a State Department determination that their mere entry or presence in the U.S., rather than their anticipated activities after entry, would prejudice American interests. Abourezk v. Reagan, 785 F.2d 1043 (D.C.Cir. 1986). Certiorari was granted by the U.S. Supreme Court. Reagan v. Abourezk, 479 U.S. 1016, 107 S.Ct. 666, 93 L.Ed.2d 718 (1986). The Supreme Court affirmed. Reagan v. Abourezk, 484 U.S. 1, 108 S.Ct. 252, 98 L.Ed.2d 1 (1987).

On remand, the District Court granted summary judgment for the plaintiffs and ordered that nonimmigrant visas be issued. Abourezk v. Reagan, 1988 WL 59640, 1988 U.S. Dist. LEXIS 5203 (D.D.C. June 07, 1988). The government appealed the Court's orders in the Baker and Cronin cases.

The Court of Appeals found that the Baker case had been rendered moot in light of Presidential Proclamation 5377, which suspended entry of all officials of the Cuban government or those considered to be members of the Cuban communist party. As the Baker plaintiffs were denied entry by the Proclamation 5377, their case was ordered dismissed. In the Cronin case, the Appeals Court remanded so that the District Court could rewrite its order so as to not exceed its authority. City of New York v. Baker, 878 F.2d 507 (D.C.Cir. 1989) rehearing denied by 888 F.2d 134 (D.C.Cir. 1989).

We do not have any further information on the case.

Dan Dalton - 12/30/2007

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Issues and Causes of Action
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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.
Defendant(s) Immigration and Naturalization Service
Secretary of State
Plaintiff Description Individual aliens who were denied visas, and that had been invited by American citizens and organizations to come to the U.S. at various times in 1983 to engage in public speaking events.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 1988 - n/a
Filing Year 1983
Case Ongoing No
Additional Resources
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  The Oyez Project, Reagan v. Abourezk, 484 U.S. 1 (1987).
Date: Oct. 19, 1987
By: Oyez Project (IIT Chicago-Kent College of Law)
[ Detail ] [ External Link ]

No docket sheet currently in the collection
General Documents
Opinion (592 F.Supp. 880) (D.D.C.)
IM-DC-0012-0003.pdf | WESTLAW| LEXIS | Detail
Date: 07/27/1984
Source: Google Scholar
USCA Opinion (785 F.2d 1043)
IM-DC-0012-0004.pdf | WESTLAW| LEXIS | Detail
Date: 03/11/1986
Source: Google Scholar
Supreme Court Order (479 U.S. 1016)
IM-DC-0012-0006.pdf | WESTLAW| LEXIS | Detail
Date: 12/15/1986
Source: Westlaw
Per Curiam (484 U.S. 1)
IM-DC-0012-0007.pdf | WESTLAW| LEXIS | Detail
Date: 10/19/1987
Source: Westlaw
Opinion (1988 WL 59640) (D.D.C.)
IM-DC-0012-0005.pdf | WESTLAW | Detail
Date: 06/17/1988
Opinion [re: Dismissal of Appeal] (878 F.2d 507)
IM-DC-0012-0001.pdf | WESTLAW| LEXIS | Detail
Date: 07/11/1989
Source: Google Scholar
Opinion [re: Appellate's Petition for Rehearing] (888 F.2d 134)
IM-DC-0012-0002.pdf | WESTLAW| LEXIS | Detail
Date: 10/06/1989
Source: Google Scholar
Judges Bork, Robert Heron (D.C. Circuit)
Buckley, James Lane (D.C. Circuit)
IM-DC-0012-0001 | IM-DC-0012-0002
Edwards, Harry Thomas (D.C. Circuit)
Ginsburg, Douglas Howard (D.C. Circuit)
Greene, Harold H. (D.D.C.)
Mikva, Abner Joseph (D.C. Circuit)
IM-DC-0012-0001 | IM-DC-0012-0002
Williams, Stephen Fain (D.C. Circuit)
IM-DC-0012-0001 | IM-DC-0012-0002
Plaintiff's Lawyers Boudin, Leonard B. (New York)
IM-DC-0012-0003 | IM-DC-0012-0004 | IM-DC-0012-0005
Copeland, Edward (New York)
Crosby, Margaret C. (California)
Eisenberg, Arthur (New York)
IM-DC-0012-0003 | IM-DC-0012-0005
Neuborne, Burt (New York)
Pandya, Amit (District of Columbia)
Schwarz, Frederick A.O. Jr. (New York)
IM-DC-0012-0003 | IM-DC-0012-0004
Shaffer, Susan W. (District of Columbia)
Shapiro, Steven R. (New York)
IM-DC-0012-0001 | IM-DC-0012-0003 | IM-DC-0012-0004 | IM-DC-0012-0005
Sims, Charles S. (New York)
IM-DC-0012-0003 | IM-DC-0012-0004
Young, Michael D. (New York)
Zimroth, Peter L. (New York)
Defendant's Lawyers Bernal, David V. (District of Columbia)
IM-DC-0012-0003 | IM-DC-0012-0005
Blankenstein, Paul (District of Columbia)
Bombaugh, Robert L. (District of Columbia)
IM-DC-0012-0003 | IM-DC-0012-0005
DiGenova, Joseph E. (District of Columbia)
Herwig, Barbara L. (District of Columbia)
Hussey, Thomas W. (District of Columbia)
IM-DC-0012-0003 | IM-DC-0012-0004 | IM-DC-0012-0005
Singer, Michael Jay (District of Columbia)
IM-DC-0012-0001 | IM-DC-0012-0004
Sisk, Gregory C. (District of Columbia)
Stephens, Jay B. (District of Columbia)
Willard, Richard K. (District of Columbia)
Other Lawyers McKay, Robert B. (New York)
Quarles, Steven P. (New York)

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