Kleindienst v. Mandel
Encyclopedia
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.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1972), was a decision by the United States Supreme Court, which held that the United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
has the right to refuse somebody's entry to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, 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
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
journalist and Marxian
Marxism
Marxism is an economic and sociopolitical worldview and method of socioeconomic inquiry that centers upon a materialist interpretation of history, a dialectical view of social change, and an analysis and critique of the development of capitalism. Marxism was pioneered in the early to mid 19th...
theoretician whom the American plaintiff-appellees, Ernest Mandel
Ernest Mandel
Ernest Ezra Mandel, also known by various pseudonyms such as Ernest Germain, Pierre Gousset, Henri Vallin, Walter , was a revolutionary Marxist theorist.-Life:...
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.