Jeanty v. Bulger

• Decision Date: 17 May 2002
• Docket Number: No. 02-20822-CIV.,02-20822-CIV.
• Citation: 204 F.Supp.2d 1366
• Parties: Hedwiche JEANTY, Brunot Colas, Junior Prospere, and Laurence St. Pierre, on behalf of themselves and all others similarly situated, Petitioners, v. John M. BULGER, Acting Director for District 6, Immigration and Naturalization Service; James Ziglar, Commissioner, Immigration and Naturalization Service; John Ashcroft, Attorney General of the United States; Immigration and Naturalization Service; and United States Department of Justice, Respondents.
• Court: U.S. District Court — Southern District of Florida

204 F.Supp.2d 1366

Hedwiche JEANTY, Brunot Colas, Junior Prospere, and Laurence St. Pierre, on behalf of themselves and all others similarly situated, Petitioners, v. John M. BULGER, Acting Director for District 6, Immigration and Naturalization Service; James Ziglar, Commissioner, Immigration and Naturalization Service; John Ashcroft, Attorney General of the United States; Immigration and Naturalization Service; and United States Department of Justice, Respondents.

No. 02-20822-CIV.

United States District Court, S.D. Florida.

May 17, 2002.

Jonell Newman, Florida Justice Institute, Inc., Miami, FL, Rebecca A. Sharpless, Florida Immigration Advocacy Center, Miami, FL, Ira J. Kurzban, Kurzban, Kurzban, Winger & Tetzeli, Miami, FL, Robert L. Parks, Haggard & Parks, P.A. Coral Gables, FL, Charles F. Elsesser, Jr., Miami, FL, for Petitioners.

Dexter Lee, Asst. U.S. Attorney, United States Attorney's Office, Miami, FL, Robert D. McCallum, Jr., M. Jocelyn Lopez Wright, Office of Immigration Litigation, Civ. Div., U.S. Department of Justice, Washington, DC, Mary Jane Candaux, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for Respondents.

ORDER DENYING PETITIONERS' EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION OR CLASS WRIT OF HABEAS CORPUS AND FOR IMMEDIATE HEARING, DENYING MOTION TO CERTIFY CLASS, AND DISMISSING CLASS ACTION PETITION FOR WRIT OF HABEAS CORPUS AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

LENARD, District Judge.

Petitioners journeyed the high seas to flee Haiti, with hopes of obtaining political asylum and discovering freedom in America. Rather than liberation, they find themselves confined in Miami detention facilities while their asylum applications remain pending. Understandably, Petitioners express confusion about their present circumstances, and they implore the Court to grant them freedom.

Yet, "[n]o judge writes on a wholly clean slate".¹ A district court must apply the body of law found in statutes enacted by Congress, regulations and policies promulgated by the Executive, and the precedents handed down by the Supreme Court and appellate courts.

Courts are the mere instruments of the law, and can will nothing.... Judicial power is never exercised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.

Osborn v. Bank of United States, 22 U.S. (9 Wheat.) 738, 866, 6 L.Ed. 204 (1824) (Marshall, C.J.).

Particularly in the area of immigration, which strikes at the heart of a nation's sovereignty, courts generally must defer to the laws established by Congress and administered by the Executive branch of government. Given the narrow scope of judicial review permitted in this area, Petitioners' cry for freedom needs to be directed to those representatives of the political branches responsible for enacting immigration laws and policies. Mindful of the limits on judicial power, the Court proceeds to wade through the complicated issues presented by the instant case.

I. Factual and Procedural Background

On December 3, 2001, U.S. Coast Guard officials sighted a rickety and overloaded sailboat, the Simapvivetzi, off the coast of South Florida, near Biscayne National Park. The Coast Guard rescued approximately 167 Haitian nationals from the boat. Eighteen others swam to shore, and two more individuals reportedly drowned while attempting to swim to shore.² The Coast Guard turned over the 167 rescued Haitians to the custody of the Immigration and Naturalization Service ("INS"). The INS placed male detainees at Krome Detention Center, female detainees at Turner Guilford Knight Detention Center, and families at a local motel.

As none of the aliens arrived with proper entry documentation, they were legally "inadmissible" under the Immigration and Naturalization Act ("INA") and, therefore, were placed into expedited removal procedures. Each of the adults was referred for an interview with an INS Asylum Officer to determine whether he or she had a "credible fear" of persecution if returned to Haiti. Each individual that passed the credible fear interview received a Form I-862 "Notice to Appear" for full non-expedited removal proceedings, including the opportunity to apply for asylum before an immigration judge.³ At this point in the process, the INS typically releases aliens on parole pending the final adjudication of their asylum petitions.

Beginning in mid-December, 2001, the INS reversed its general presumption of release for undocumented Haitians arriving in South Florida. According to INS Acting Deputy Commissioner Peter Michael Becraft, officials from several Executive agencies had observed a sharp increase in dangerous maritime departures from Haiti and grew concerned over the potential for more loss of life and the threat of mass migration. (Becraft Decl. ¶ 8.) Based on consultations with other Executive officials, Becraft instructed the Miami INS office that no undocumented Haitian should be released without the approval of INS Headquarters. (Id.) Miami officials learned of the policy adjustment on or about December 14, 2001. (Lee Decl. ¶ 11.) Miami officials continued to review the cases of arriving Haitians and recommended to Headquarters the release of approximately fifteen Haitians, including pregnant women and unaccompanied minors, who arrived after December 3, 2001 (Id. ¶ 12.) On February 2, 2002, Miami officials received permission to release pregnant women and unaccompanied minors without obtaining Headquarters' approval. (2/15/02 e-mail of David J. Venturalla.) On March 8, 2002, the Miami office was authorized to release, without Headquarters approval, Haitians granted asylum where the INS decided not to appeal. (Becraft Suppl. Decl. ¶ 7.) On April 5, 2002, Executive Associate Commissioner for the Office of Field Operations Johnny N. Williams and Regional Director J. Scott Blackman authorized Miami officials to release Haitians who arrived by "regular means at a designated port of entry" (e.g. by airplane), pursuant to enhanced procedures for assuring the alien's likelihood of appearing at immigration proceedings. (Id. ¶ 9.)

Petitioners are four Haitian nationals who were rescued from the Simapvivetzi on December 3, 2001.⁴ All four have passed their credible fear interviews yet remain in detention. Petitioners Jeanty, Colas, and Prospere applied for and were denied parole in late January, 2002. Petitioner St. Pierre submitted a letter requesting parole on February 7, 2002 On April 9, 2002, she submitted a parole request form and identified a sponsor. As of April 12, 2002, the sponsor had not submitted an affidavit of support, and Petitioner St. Pierre's parole request remained pending. (Lee Suppl. Decl. ¶ 2.)

On March 15, 2002, Plaintiffs/Petitioners filed a Class Action Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief (D.E.1), an Emergency Motion for Temporary Restraining Order and/or for Preliminary Injunction or Class Writ of Habeas Corpus, and for an Immediate Emergency Hearing (D.E.2), and a Motion to Certify Class (D.E.5). The Government filed an Opposition to Petitioners' Motion to Certify Class (D.E.13) and an Opposition to Plaintiffs' Emergency Motion for Temporary Restraining Order and/or for Preliminary Injunction or Class Writ of Habeas Corpus (D.E.14) on March 18, 2002. Petitioners filed Replies on March 21, 2002. (D.E.20, 21.)

Upon consideration of the briefs, the Court requested further information from both sides on April 5, 2002 (D.E.30.) Pursuant to the April 5th Order, Petitioners submitted copies of the named Petitioners' parole requests (D.E.34); the Government submitted copies of Petitioners' immigration files (D.E.37); and Becraft and Lee submitted supplemental declarations (D.E.38). The Government also submitted a copy of the INS's "Detention Use Policy," copies of electronic communications between INS officials regarding the policies toward Haitians arriving in South Florida, and copies of two memoranda, dated April 5, 2002, entitled "Procedures for Paroling Haitians Arriving by Regular Means at a Designated Port of Entry in South Florida." (D.E.39.)

Once the issues were fully briefed, the parties continued to file additional pleadings. Petitioners submitted a Notice of Filing of Supplemental Exhibits, including an advisory opinion issued by the United Nations High Commissioner for Refugees on April 15, 2002, and statements by social workers and legal personnel regarding the conditions at the detention facilities. (D.E.40.) The Government moved to strike the supplemental argument as untimely, or, alternatively, to respond. (D.E.46.) The Government also requested leave to file supplemental exhibits, including statements by Miami INS officials with respect to policies at the detention facilities. (D.E.47.) Petitioners filed an Opposition to the Motion to Strike, maintaining that the international law issues raised in the advisory opinion are relevant, although conceding that they have not alleged international law claims.⁵ (D.E.58)

On May 7, 2002, Petitioners filed an Emergency Motion for Leave to Take Depositions of Respondents and to Otherwise Begin Discovery and also to Shorten Time for Response to Petitioners' First Request to Produce. (D.E.50.) On May 8, 2002, Petitioners filed a Motion to Compel, seeking to compel Respondents to produce the redacted portions of the documents submitted in response to the Court's April 5, 2002 Order. (D.E.54.)

On May 9, 2002, the Lawyers' Committee for Human Rights ("LCHR") filed an Amicus Curiae Brief (D.E.55).⁶

On May 14, 2002, the Government filed a Motion to Dismiss in Part and for Summary Judgment in Part, seeking dismissal of the Class Action Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief, or, alternatively, dismissal of...