614 F.2d 92 (5th Cir. 1980), 79-3690, Haitian Refugee Center v. Civiletti

Docket Nº:79-3690.
Citation:614 F.2d 92
Party Name:HAITIAN REFUGEE CENTER et al., Plaintiffs-Appellees, v. Benjamin R. CIVILETTI, Attorney General of the United States, et al., Defendants-Appellants.
Case Date:March 21, 1980
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 92

614 F.2d 92 (5th Cir. 1980)

HAITIAN REFUGEE CENTER et al., Plaintiffs-Appellees,

v.

Benjamin R. CIVILETTI, Attorney General of the United

States, et al., Defendants-Appellants.

No. 79-3690.

United States Court of Appeals, Fifth Circuit

March 21, 1980

Daniel E. Fromstein, Atty., Crim. Div., U. S. Dept. of Justice, Rex Young, Atty., Immigration & Naturalization Service, Dept. of Justice, Washington, D. C., for defendants-appellants.

Peter Schey, Legal Services Aliens' Rights Program, Los Angeles, Cal., Ira Kurzban, Miami, Fla., for plaintiffs-appellees.

Bruce J. Winick, Coral Gables, Fla., for amicus American Civil Liberties Union Foundation of Florida.

Brian R. Hersh, Miami, Fla., for amicus Assn. of Immig. and Nationality Lawyers, S. Fla. Chapter.

Appeal from the United States District Court for the Southern District of Florida.

Before GODBOLD, GARZA and RANDALL, Circuit Judges.

PER CURIAM:

This appeal springs from a putative class action brought in the Southern District of Florida on May 9, 1979, questioning on constitutional and statutory grounds practices and procedures allegedly followed by the defendants in handling and processing applications of Haitian nationals who seek political asylum in the United States. Plaintiffs asked declaratory and injunctive relief and relief in the nature of mandamus.

On July 23, 1979, the individual plaintiffs applied for a temporary restraining order enjoining defendants from removing plaintiffs and proposed class members from the United States and from requiring plaintiffs and proposed class members to appear in

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deportation hearings which, it was alleged, were being conducted without due process. The district court conducted a conference with counsel on July 23 at which counsel for defendants agreed to the entry of an order preserving the status quo. Counsel for defendants reiterated their agreement in a letter to the district judge on July 24. On July 25, the district court entered an "Order Granting Injunctive Relief." The order recited that it was based upon the agreement of the parties. It restrained the Commissioner of the Immigration and Naturalization Service from transporting out of the United States various Haitian nationals or otherwise executing final orders of deportation or voluntary departure entered against them. The purpose of the order was stated as follows:

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