Kleindienst v. Mandel

Ernest Mandel (plaintiff), a Belgium-based German author and self-described revolutionary Marxist who was not a Communist Party member, was denied a nonimmigrant visa to attend U.S. academic conferences under a provision of the Immigration and Nationality Act excluding anarchists, advocates of opposition to all organized government, and Communist Party members; the Attorney General declined to grant a discretionary waiver, believing Mandel had violated the terms of his two prior U.S. visits. Mandel and several inviting professors sued, and the district court ruled for them, prompting the government's appeal.