Case: Cuban American Bar Ass'n., Inc. v. Christopher

1:94-cv-02183 | U.S. District Court for the Southern District of Florida

Filed Date: Oct. 23, 1994

Closed Date: 1995

Clearinghouse coding complete

Case Summary

On October 23, 1994, the Cuban American Bar Association, Inc., Cuban Legal Alliance, Inc., and Due Process, Inc. and several Cuban detainees being held at the U.S. Naval Base at Guantanamo Bay under a grant of safe haven, filed a class action complaint the United States District Court for the Southern District of Florida, challenging the detainees' denial of access to attorneys. Plaintiff sought an injunction to prevent the government from denying Cuban rights organizations reasonable access t…

On October 23, 1994, the Cuban American Bar Association, Inc., Cuban Legal Alliance, Inc., and Due Process, Inc. and several Cuban detainees being held at the U.S. Naval Base at Guantanamo Bay under a grant of safe haven, filed a class action complaint the United States District Court for the Southern District of Florida, challenging the detainees' denial of access to attorneys. Plaintiff sought an injunction to prevent the government from denying Cuban rights organizations reasonable access to their Guantanamo Bay clients and from "encouraging or coercing, directly or indirectly, the repatriation to Cuba of, and repatriating, any [Cuban migrant] currently being detained by the United States Government."

The Haitian Refugee Center, Inc. filed a similar lawsuit on behalf of Haitians detained at Guantanamo Bay under a grant of safe haven. Both cases were assigned to District Court Judge C. Clyde Atkins.

The District Court (Judge Atkins) entered a series of preliminary injunctions, granting attorneys for Cuban and Haitian migrants access to their clients and setting limitations on other government activity. The Court also required the government to release names of all detained migrants to the humanitarian organizational plaintiffs. The government appealed and the cases were consolidated by the Eleventh Circuit Court of Appeals.

The Court of Appeals (Judge Birch) dissolved the preliminary injunctions issued by the District Court and remanded the cases. The Court held that the Cuban and Haitian migrants that were detained in safe haven outside of the physical borders of the United States did not have any cognizable statutory or constitutional rights and that the plaintiff humanitarian organizations did not have a First Amendment right to associate with the detainees. Cuban American Bar Ass'n, Inc. v. Christopher, 43 F.3d 1412 (11th Cir. 1995).

Summary Authors

Dan Dalton (11/13/2007)

People


Judge(s)

Birch, Stanley F. Jr. (Georgia)

Carnes, Edward Earl (Alabama)

Attorneys(s) for Plaintiff

Boyer, Robert L. (Florida)

Castillo, Carlos B. (Florida)

Dorta, Martias (Florida)

Garcia-Pedrosa, Jose (Florida)

Jimenez, Marcos Daniel (Florida)

Juceam, Robert E. (District of Columbia)

Kadre, Manuel (Florida)

Kneedler, Edwin S. (District of Columbia)

Judge(s)

Birch, Stanley F. Jr. (Georgia)

Carnes, Edward Earl (Alabama)

Attorneys(s) for Plaintiff

Boyer, Robert L. (Florida)

Castillo, Carlos B. (Florida)

Dorta, Martias (Florida)

Garcia-Pedrosa, Jose (Florida)

Jimenez, Marcos Daniel (Florida)

Juceam, Robert E. (District of Columbia)

Kadre, Manuel (Florida)

Kneedler, Edwin S. (District of Columbia)

Koh, Harold H. (Connecticut)

Levin, Oscar (Florida)

Loeb, Robert Mark (District of Columbia)

Martinez, Roberto (Florida)

Ochoa, Leopold (Florida)

Raab, Michael S. (District of Columbia)

Scherker, Elliot H. (Florida)

Singer, Michael Jay (District of Columbia)

Tetzeil, Helena (Florida)

Attorneys(s) for Defendant

Kanter, William (District of Columbia)

Kessler, Elizabeth A. (District of Columbia)

Other Attorney(s)

Baruch, Douglas W. (District of Columbia)

Coradin, Ahpaly J. G. (New York)

Guttentag, Lucas (New York)

Mariner, Joanne (New York)

McNary, Gene (Missouri)

Rees, Grover Joseph (Louisiana)

Vasquez, Carlos Manuel (District of Columbia)

Expert/Monitor/Master

Kravitch, Phyllis A. (Georgia)

Kurzban, Ira J. (Florida)

Mollin, Alfred (District of Columbia)

Documents in the Clearinghouse

Document

94-05138

94-05231

94-05234

Opinion

U. S. Court of Appeals for the Eleventh Circuit

43 F.3d 1412

Jan. 18, 1995

Jan. 18, 1995

Order/Opinion

Resources

Docket

Last updated Aug. 7, 2022, 3:14 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 23, 1994

Closing Date: 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Cuban and Haitian refugees detained at the U.S. Naval Base at Guantanamo Bay under a grant of safe haven.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

U.S. Department of Justice, Federal

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Immigration lawyers

Refugees