Kleindienst v. Mandel

Infobox SCOTUS case
Litigants=Kleindienst v. Mandel
ArgueDate=April 18
ArgueYear=1972
DecideDate=June 29
DecideYear=1972
FullName=Richard Gordon Kleindienst, Attorney General, et al. v. Ernest Mandel, et al.
USVol=408
USPage=753
Citation=92 S.Ct. 2576; 33 L.Ed.2d 683
Prior=Appeal from the United States District Court for the Eastern District of New York
Subsequent=
Holding=In the exercise of Congress' plenary power to exclude aliens or prescribe the conditions for their entry into this country, Congress in 212 (a) (28) of the Immigration and Nationality Act of 1952 has delegated conditional exercise of this power to the Executive Branch. When the Attorney General decides for a legitimate and bona fide reason not to waive the statutory exclusion of an alien, courts will not look behind his decision or weigh it against the First Amendment interests of those who would personally communicate with the alien.
SCOTUS=1972-1975
Majority=Blackmun
JoinMajority=Burger, Stewart, White, Powell, Rehnquist
Dissent=Douglas
Dissent2=Marshall
JoinDissent2=Brennan
LawsApplied=Immigration and Nationality Act of 1952, 212 (a) (28)

"Kleindienst v. Mandel", 408 U.S. 753 (1972), was a decision by the United States Supreme Court, which held that the United States Attorney General has the right to refuse somebody's entry to the United States, as he has been empowered to do so in 212 (a) (28) of the Immigration and Nationality Act of 1952.

This action was brought to compel Attorney General Kleindienst to grant a temporary nonimmigrant visa to a Belgian journalist and Marxian theoretician whom the American plaintiff-appellees, Ernest Mandel et al., had invited to participate in academic conferences and discussions in the US. The alien had been found ineligible for admission under 212 (a) (28) (D) and (G) (v) of the Immigration and Nationality Act of 1952, barring those who advocate or publish "the economic, international, and governmental doctrines of world communism." Kleindienst had declined to waive ineligibility as he has the power to do under 212 (d) of the Act, basing his decision on unscheduled activities engaged in by the alien on a previous visit to the United States, when a waiver was granted.

ee also

*List of United States Supreme Court cases, volume 408

References

Further reading

*cite journal |last=Aleinikoff |first=T. Alexander |authorlink= |coauthors= |year=1989 |month= |title=Federal Regulation of Aliens and the Constitution |journal=American Journal of International Law |volume=83 |issue=4 |pages=862–871 |doi=10.2307/2203375 |url= |accessdate= |quote=
*cite book |chapter=Kleindienst v. Mandel |last=Bezanson |first=Mary Elizabeth |title=Free Speech on Trial: Communication Perspectives on Landmark Supreme Court Decisions |editor=Parker, Richard A. (ed.) |year=2003 |publisher=University of Alabama Press |location=Tuscaloosa, AL |isbn=081731301X |pages=172–186
*cite journal |last=Shapiro |first=Steven R. |authorlink= |coauthors= |year=1987 |month= |title=Ideological Exclusions: Closing the Border to Political Dissidents |journal=Harvard Law Review |volume=100 |issue=4 |pages=930–945 |doi=10.2307/1341100 |url= |accessdate= |quote=