Case: Haitian Centers Council, Inc. v. McNary

1:92-cv-01258 | U.S. District Court for the Eastern District of New York

Filed Date: March 18, 1992

Closed Date: Feb. 23, 1994

Clearinghouse coding complete

Case Summary

On March 18, 1992, this action was brought by various organizations and Haitian aliens in the United States District Court for the Eastern District of New York, challenging procedures of the Coast Guard interdiction program with respect to Haitian refugees. Under the program, Haitians that fled their country were apprehended by the Coast Guard and detained on board Coast Guard cutters and at Guantánamo Bay. The INS interviewed the Haitian refugees and those found to have a "credible" fear of p…

On March 18, 1992, this action was brought by various organizations and Haitian aliens in the United States District Court for the Eastern District of New York, challenging procedures of the Coast Guard interdiction program with respect to Haitian refugees. Under the program, Haitians that fled their country were apprehended by the Coast Guard and detained on board Coast Guard cutters and at Guantánamo Bay. The INS interviewed the Haitian refugees and those found to have a "credible" fear of persecution were designated "screened in" and were eligible for transfer to the United States to pursue asylum claims. Those individuals found not to have a credible fear were "screened out" and were returned to Haiti. Plaintiffs claimed that under the program, Members of the Haitian Service Organizations, which attempted to render "legal counsel, advocacy, and representation," were denied access to the detained Haitians in violation of the First Amendment. Plaintiffs further claimed that the program violated federal immigration statutes, the Fifth Amendment, the APA, certain treaties and international agreements and executive directives.

A similar case, Haitian Refugee Center v. Baker, had been filed in the Southern District of Florida. See IM-FL-0006 of this collection.

The District Court (Judge Sterling Johnson, Jr.) granted a preliminary injunction prohibiting the government from denying the Haitian Service Organizations immediate access to any member of the class of screened in plaintiffs. Haitian Centers Council, Inc. v. McNary, 1992 WL 155853 (E.D.N.Y. Apr 06, 1992). The government appealed. The Second Circuit Court of Appeals for the Second Circuit modified and affirmed. Haitian Centers Council, Inc. v. McNary, 969 F.2d 1326 (2nd Cir. 1992).

Subsequently, on May 24, 1992, the President issued an Executive Order under which any Haitian interdicted beyond the territorial waters of the United States was to be returned directly to Haiti without being afforded the opportunity to undergo INS refugee screening. Plaintiffs moved for a TRO and preliminary injunction to prevent enforcement of the Executive Order, alleging that it violated § 243(h)(1) of the Immigration and Nationality Act of 1952 and Article 33 of the United Nations Convention Relating to the Status of Refugees. The District Court denied plaintiffs' motion for a TRO to prevent the government from returning interdicted Haitians. Haitian Centers Council, Inc. v. McNary, 1992 WL 155853 (E.D.N.Y. June 5 1992). The plaintiffs appealed and the Court of Appeals reversed. Haitian Centers Council, Inc. v. McNary, 969 F.2d 1350 (2nd Cir. 1992). Certiorari was granted.

The Supreme Court (Justice Stevens) reversed the Court of Appeals, holding that neither § 243(h) nor Article 33 limited the President's power to issue an Executive Order directing the Coast Guard to repatriate undocumented aliens intercepted on the high seas. Sale v. Haitian Centers Council, Inc., 509 U.S. 155, 113 S.Ct. 2549, 125 L.Ed.2d 128(1993), see also Sale v. Haitian Centers Council, Inc., 509 U.S. 918, 113 S.Ct. 3028, 125 L.Ed.2d 716 (1993).

However, the non executive order portions of the case continued to be litigated in the district court on remand. On June 8, 1993, after a bench trial, Judge Johnson found that the government's treatment of Haitian refugees detained at Guantánamo Bay violated violated several provisions of the constitution. 823 F. Supp. 1028. He found that the First Amendment rights of the service organization plaintiffs were violated by the government's refusal to allow them to give legal advice to detainees, despite allowing other parties to give similar advice. Judge Johnson also found that the detainees' due process rights were violated by many conditions of their confinement, including the lack of access to counsel, lack of adequate medical care, the nature of disciplinary proceedings, and their indefinite detention. Finally, he found that the defendants violated the Administrative Procedures Act by refusing to parole refugees with HIV into the United States.

However, soon after Judge Johnson's opinion was issued, the parties settled the case. A joint motion for preliminary approval of the Settlement Agreement and for approval of the class notice was filed on January 20, 1994. Following a fairness hearing on February 23, 1994, the Court approved the Settlement Agreement. The plaintiffs apparently agreed to vacate Judge Johnson's orders, though not the underlying legal reasoning, because the new Clinton Administration had complied with them.

The case is now closed.

Summary Authors

Dan Dalton (1/3/2007)

Jonah Hudson-Erdman (8/24/2021)

Related Cases

Haitian Refugee Center, Inc. v. Baker, Southern District of Florida (1991)

People


Judge(s)

Blackmun, Harry Andrew (District of Columbia)

Cardamone, Richard J. (New York)

Johnson, Sterling Jr. (New York)

Kennedy, Anthony McLeod (District of Columbia)

Newman, Jon Ormond (New York)

O'Connor, Sandra Day (District of Columbia)

Pierce, Lawrence Warren (New York)

Pratt, George Cheney (New York)

Rehnquist, William Hubbs (District of Columbia)

Scalia, Antonin (District of Columbia)

Judge(s)

Blackmun, Harry Andrew (District of Columbia)

Cardamone, Richard J. (New York)

Johnson, Sterling Jr. (New York)

Kennedy, Anthony McLeod (District of Columbia)

Newman, Jon Ormond (New York)

O'Connor, Sandra Day (District of Columbia)

Pierce, Lawrence Warren (New York)

Pratt, George Cheney (New York)

Rehnquist, William Hubbs (District of Columbia)

Scalia, Antonin (District of Columbia)

Souter, David Hackett (District of Columbia)

Stevens, John Paul (District of Columbia)

Thomas, Clarence (District of Columbia)

Walker, John Mercer Jr. (New York)

White, Byron Raymond (District of Columbia)

Attorneys(s) for Plaintiff

Amar, Akhil Reed (Connecticut)

Aprahamian, Michael J. (Connecticut)

Balogh, Ethan (Connecticut)

Barr, Michael S. (Connecticut)

Bau, Ignatius (California)

Boyd, Graham A. (Connecticut)

Brescia, Raymond H. (New York)

Canas, Norma E. (Connecticut)

Chander, Anupam (Connecticut)

Cleveland, Sarah H. (Connecticut)

Curnin, Paul (New York)

Days, Drew S. III (District of Columbia)

Falkenstein, Eric (Connecticut)

Guttentag, Lucas (New York)

Kahn, Paul W. (Connecticut)

Karkainnen, Bradley (Connecticut)

Klein, Jennifer (New York)

Kronman, Anthony T. (Connecticut)

Kurzban, Ira J. (Florida)

Lobel, Jules L. (Pennsylvania)

Lucht, Carroll L. (Connecticut)

Mahoney, Maureen E (District of Columbia)

Marshall, Burke (Connecticut)

Rabinowitz, Judy (New York)

Ratner, Michael (New York)

Ross, Jonathan (Connecticut)

Rubin, Robert J. (California)

Sawyer, Susan (New York)

Schuck, Peter H. (Connecticut)

Shende, Suzanne (New York)

Sonn, Paul K. (Connecticut)

Tringali, Joseph (New York)

Attorneys(s) for Defendant

Begleiter, Bob (New York)

Bombaugh, Robert L. (District of Columbia)

Cappuccio, Paul T. (District of Columbia)

Carter, Zachary W. (New York)

Daly, John F. (District of Columbia)

Dreeben, Michael R. (District of Columbia)

Dunn, Scott (New York)

Filppu, Lauri Steven (District of Columbia)

Gerson, Stuart M. (District of Columbia)

Hausman, Allen W. (District of Columbia)

Hussey, Thomas W. (District of Columbia)

King, Alice M. (District of Columbia)

Kline, David J. (District of Columbia)

Koh, Harold H. (Connecticut)

Litman, Harry (District of Columbia)

Maier, Peter R. (District of Columbia)

Maloney, Andrew J (New York)

Pazar, Charles (District of Columbia)

Radford, Emily Ann (District of Columbia)

Sarko, Michele Y.F. (District of Columbia)

Schiffer, Stuart E. (District of Columbia)

Schwarz [DUP], Norah Ascoli (District of Columbia)

Shapiro, Ellen Sue (District of Columbia)

Singer, Michael Jay (District of Columbia)

Starr, Kenneth Winston (District of Columbia)

Stewart, Malcom L.. (District of Columbia)

Torstenson, Karen Fletcher (District of Columbia)

Valentine, Steven R. (District of Columbia)

Walters, Mark C. (District of Columbia)

Wildes, Michael J. (New York)

Zener, Robert V. (District of Columbia)

Other Attorney(s)

Anker, Deborah E (Massachusetts)

Brown, Bartram S. (Illinois)

Fleet, Julian (District of Columbia)

Helton, Arthur C. (New York)

Hoffman, Paul L. (California)

Katzenbach, Nicholas de B. (District of Columbia)

O'Sullivan, Maureen (Massachusetts)

Expert/Monitor/Master

Daugaard, Lisa M. (Connecticut)

Roth, Deborah L. (District of Columbia)

Documents in the Clearinghouse

Document

92-06144

Docket [USCA]

Haitian Centers Council v. McNary

U. S. Court of Appeals for the Second Circuit

Oct. 25, 1993

Oct. 25, 1993

Docket

92-06106

Docket [USCA]

Haitian Centers v. McNary

U. S. Court of Appeals for the Second Circuit

Dec. 13, 1993

Dec. 13, 1993

Docket

92-06090

92-06104

Docket [USCA]

Haitan Centers, et al. v. McNary, et al.

U. S. Court of Appeals for the Second Circuit

Dec. 13, 1993

Dec. 13, 1993

Docket

93-06216

Docket [USCA]

Haitian Centers v. Sale

U. S. Court of Appeals for the Second Circuit

Dec. 30, 1993

Dec. 30, 1993

Docket

1:92-cv-01258

Docket [PACER]

Haitian Centers, et al v. McNary

April 4, 1994

April 4, 1994

Docket
13

1:92-cv-01258

Opinion

789 F.Supp. 541

March 27, 1992

March 27, 1992

Order/Opinion
23

1:92-cv-01258

Opinion

1992 WL 155853

April 7, 1992

April 7, 1992

Order/Opinion

92-06090

92-06104

Opinion

U. S. Court of Appeals for the Second Circuit

969 F.2d 1326

June 10, 1992

June 10, 1992

Order/Opinion

92-06144

Opinion

U. S. Court of Appeals for the Second Circuit

969 F.2d 1350

July 29, 1992

July 29, 1992

Order/Opinion
80

1:92-cv-01258

Opinion

807 F.Supp. 928

Nov. 12, 1992

Nov. 12, 1992

Order/Opinion

Resources

Docket

Last updated May 31, 2022, 3:26 a.m.

ECF Number Description Date Link Date / Link

Magistrate Chrein has been selected by random selection to handle any matters that may be referred in this case. (Francis, Jackie) (Entered: 03/18/1992)

March 17, 1992

March 17, 1992

2

MOTION by plaintiffs for Harold Hongju Koh to appear pro hac vice , Motion hearing [2-1] motion . Affidavit attached. (Yuen, Sui May) (Entered: 03/19/1992)

March 17, 1992

March 17, 1992

4

AFFIDAVITS and AFFIRMATION by Hatian Centers, National Coalition, Immigration Law, Frantz Guerrier, Pascual Henry, Lauriton Guneau, Medilieu Sorel St. Fleur, Dieu Renel, Milot Baptiste, Jean Doe, Roges Noel, A. Iris Vilnor, Mireille Berger, Yvrose Pierre, Mathieu Noel Re: in SUPPORT of plaintiffs' MOTION for a Temporary Restraining Order and Preliminary Injunction filed. (Yuen, Sui May) (Entered: 03/19/1992)

March 17, 1992

March 17, 1992

1

COMPLAINT filed and summons(es) issued for Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, U.S. Naval Base FILING FEE $ 120.00 RECEIPT # 138354 (Francis, Jackie) (Entered: 03/18/1992)

March 18, 1992

March 18, 1992

5

ORDER, that dft must opposition papers to plaintiff's application for a temporary restraining order by 3/20/92; and any reply by dfts by 3/23/92. ( signed by Judge Sterling Johnson Jr., 3/18/92 ) (Yuen, Sui May) (Entered: 03/20/1992)

March 20, 1992

March 20, 1992

6

Calendar entry: before Judge Johnson on 3/17/92. Case called. All counsel present. Order to show cause for Tro and preliminary injunction hearing held. Motion hearing continued to 3/18/92 at 4:15. (Yuen, Sui May) (Entered: 03/23/1992)

March 23, 1992

March 23, 1992

7

Calendar entry: before Judge Johnson on 3/18/92. Case called. All counsel present. Order to show cause for TRO and Preliminary Injunction hearing held. Decision reserved. Govt's to submit response papers by 3/20/92. (Yuen, Sui May) (Entered: 03/23/1992)

March 23, 1992

March 23, 1992

8

REPLY by Hatian Centers, National Coalition, Immigration Law, Frantz Guerrier, Pascual Henry, Lauriton Guneau, Medilieu Sorel St. Fleur, Dieu Renel, Milot Baptiste, Jean Doe, Roges Noel, A. Iris Vilnor, Mireille Berger, Yvrose Pierre, Mathieu Noel to response to dfts' memorandum in opposition to plaintiffs' motions for temporary restraining order and expedited discovery. (Yuen, Sui May) (Entered: 03/25/1992)

March 24, 1992

March 24, 1992

9

EXHIBITS IN SUPPORT OF PLAINTIFF'S REPLY TO DFTS' MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER AND TO DFT'S OPPOSITION TO PLAINTIFF'S MOTION FOR DISCOVERY filed. (Yuen, Sui May) (Entered: 03/25/1992)

March 24, 1992

March 24, 1992

10

AFFIRMATION OF Michael Ratner and request for immediate order preventing harassment of plaintiffs filed. (Yuen, Sui May) (Entered: 03/25/1992)

March 24, 1992

March 24, 1992

11

Calendar entry: before Judge Nickerson on 3/17/92. Case called. All counsel present. Plaintiff is directed to file complaint and have a Judge selected randomly. Court finds no urgency in the petition. (Yuen, Sui May) (Entered: 03/27/1992)

March 27, 1992

March 27, 1992

12

MEMORANDUM by Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, Commander, U.S. Nava in opposition to plaintiff's emergency request for immediate order preventing harassment of plaintiffs. (Yuen, Sui May) (Entered: 03/30/1992)

March 27, 1992

March 27, 1992

13

MEMORANDUM-DECISION AND ORDER: that dft are TEMPORARILY RESTRAINED FROM : (a) denying plaintiff service organization access to their clients for the purposes of providing them legal counsel, advocacy, and representation; (b) interviewing, screening, any Haitian citizen currently being detained on Guantanamo. It is Ordered that expedited discovery be granted - (i) dfts' must produce documents for inspection and copying by 3/31/92; and (ii) plaintifs are granted leave to serve and depose dfts on 4/1/92 at 9:00; and it is further Ordered that dfts or their attorneys show cause on 4/1/92, why an order should not be entered granting plaintiffs' request for preliminary injunction. ( signed by Judge Sterling Johnson Jr., 3/27/92 ) (for more details, see ORDER) (Yuen, Sui May) (Entered: 03/31/1992)

March 27, 1992

March 27, 1992

14

REPLY by Hatian Centers, National Coalition, Immigration Law, Frantz Guerrier, Pascual Henry, Lauriton Guneau, Medilieu Sorel St. Fleur, Dieu Renel, Milot Baptiste, Jean Doe, Roges Noel, A. Iris Vilnor, Mireille Berger, Yvrose Pierre, Mathieu Noel to response to dfts' Memorandum in Opposition to plaintiffs' emergency request for immediate order preventing harassment of plaintiffs filed. (Yuen, Sui May) (Entered: 03/31/1992)

March 31, 1992

March 31, 1992

15

NOTICE of attorney appearance for Hatian Centers, National Coalition, Immigration Law, Frantz Guerrier, Pascual Henry, Lauriton Guneau, Medilieu Sorel St. Fleur, Dieu Renel, Milot Baptiste, Jean Doe, Roges Noel, A. Iris Vilnor, Mireille Berger, Yvrose Pierre, Mathieu Noel BY LUCAS GUTTENTAG. (Yuen, Sui May) (Entered: 03/31/1992)

March 31, 1992

March 31, 1992

16

MEMORANDUM by Hatian Centers, National Coalition, Immigration Law, Frantz Guerrier, Pascual Henry, Lauriton Guneau, Medilieu Sorel St. Fleur, Dieu Renel, Milot Baptiste, Jean Doe, Roges Noel, A. Iris Vilnor, Mireille Berger, Yvrose Pierre, Mathieu Noel in support of their MOTION for a Preliminary Injunction filed. EXHIBITS 30-67 attached. (Yuen, Sui May) (Entered: 04/01/1992)

April 1, 1992

April 1, 1992

17

MEMORANDUM by Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, Commander, U.S. Nava in opposition to plaintiff's motion for Provisional Class Certification filed. (Yuen, Sui May) (Entered: 04/06/1992)

April 3, 1992

April 3, 1992

18

Plaintiffs' proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW. (Yuen, Sui May) (Entered: 04/06/1992)

April 3, 1992

April 3, 1992

19

Dfts' proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND ORDER filed. (Yuen, Sui May) (Entered: 04/06/1992)

April 4, 1992

April 4, 1992

20

Dft's RESPONSE to plaintiffs' proposed Findings of Fact, Conclusion of Law. (Yuen, Sui May) (Entered: 04/06/1992)

April 6, 1992

April 6, 1992

21

Declaration of Captain Paul Blayney Chief, Operations Division, U.S. Coast Guard Atlantic Area. (Yuen, Sui May) (Entered: 04/06/1992)

April 6, 1992

April 6, 1992

22

TRANSCRIPT filed for telephone conference for dates of 3/28/92 (Yuen, Sui May) (Entered: 04/06/1992)

April 6, 1992

April 6, 1992

24

NOTICE OF APPEAL by Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, Commander, U.S. Nava . Notice of appeal and certified copy of docket sent appealing [23-1] order. NO FEE. Aff of service attached. C of A notified. (Gonzalez, Mary) (Entered: 04/08/1992)

April 8, 1992

April 8, 1992

25

MEMORANDUM AND ORDER : that the govt's motion to stay the execution of the preliminary injunction ordered by this Court dtd 4/6/93 id DENIED. ( signed by Judge Sterling Johnson Jr., 4/8/92 ) (Yuen, Sui May) (Entered: 04/08/1992)

April 8, 1992

April 8, 1992

26

Calendar entry:Before Judge Johnson on 4/8/92 at 2:00p.m. Case called for motion hearing. . Counsel for all sides present via telephone except AUSA Scott Dunn. Deft's motion to stay preliminary injunction heard. Decision reserved. The court later denied deft's motion in a written order. (Dobkin, David) (Entered: 04/09/1992)

April 8, 1992

April 8, 1992

27

UNDERTAKING ON INJUNCTION (Yuen, Sui May) (Entered: 04/14/1992)

April 13, 1992

April 13, 1992

28

Plaintiff's RESPONSE to dfts' memorandum in opposition to plaintiff's emergency request for immediate order preventing harassment of plaintiffs filed. (Yuen, Sui May) (Entered: 04/15/1992)

April 15, 1992

April 15, 1992

29

TRANSCRIPT filed for dates of 3/18/92 (Yuen, Sui May) (Entered: 04/15/1992)

April 15, 1992

April 15, 1992

30

Letter dtd 4/7/92 from Law Clerk T. Davis to all counsels advising that the Memorandum and Order of 4/6/92 had several clerical and typographical errors. Corrected copy attached. (Yuen, Sui May) (Entered: 04/15/1992)

April 15, 1992

April 15, 1992

31

Letter dtd 4/17/92 from AUSA S. Dunn to Judge Johnson, the dfts will submit their objections to plaintiffs' discovery requests by 4/20/92. (Yuen, Sui May) (Entered: 04/20/1992)

April 17, 1992

April 17, 1992

32

MOTION by Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, Commander, U.S. Nava for sanctions , Motion hearing [32-1] motion (Yuen, Sui May) (Entered: 04/20/1992)

April 20, 1992

April 20, 1992

33

MEMORANDUM by Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, Commander, U.S. Nava in support of [32-1] motion for sanctions (Yuen, Sui May) (Entered: 04/20/1992)

April 20, 1992

April 20, 1992

34

MEMORANDUM by Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, Commander, U.S. Nava in opposition to plaintiff's motion to expedite discovery. (Yuen, Sui May) (Entered: 04/20/1992)

April 20, 1992

April 20, 1992

35

MOTION by Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, Commander, U.S. Nava to dismiss , Motion hearing [35-1] motion (Yuen, Sui May) (Entered: 04/20/1992)

April 20, 1992

April 20, 1992

37

TRANSCRIPT filed for hearing before Judge Johnson for dates of 4/1/92. C/R : Gene Rudolph. (Yuen, Sui May) (Entered: 04/20/1992)

April 20, 1992

April 20, 1992

38

ORDER filed at the USCA on 4/21/92 that the motion for stay pending appeal and expedition is DENIED so ordered by the USCA. Appeal is expedited. Appellant shall serve and file abrief on 4/17/92. Appellee shall file a brief by 4/24/92. Any reply brief shall be filed by 4/29/92. Argument shall be heard during the week of 5/4/92 on 5/7 or 5/8/92 subject to approval of presiding judge of that panel. Ackn mailed. Judge notified. USCA # 92-6090. (Gonzalez, Mary) (Entered: 04/21/1992)

April 20, 1992

April 20, 1992

40

NOTICE OF APPEAL by Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, Commander, U.S. Nava Defendants/Appellants. Notice of appeal and certified copy of docket sent appealing [39-1] order. NO FEE. Aff of service attached. C of A notified. (Gonzalez, Mary) (Entered: 04/23/1992)

April 21, 1992

April 21, 1992

39

ORDER : to clarify the relief granted in the Memorandum and Order of 4/6/92 : it is ORDERED that the govt is enjoined from : (a) denying the Haitian Service Organizations immediate access, on Guantanamo, to any member of the class of Screened in Plaintiffs subject to resonable time, place and manner limitations. (b) interviewing, screening, or subject to exclusion or asylum proceedings any Screened In Plaintiff who has been denied an opportunity to communicate with counsel; and (c) repatriating any member of class of Screened In Plaintiffs who was subjected to a second interview at which time s/he was screened out, until such time as such individual is afforded an opportunity to communicate with the Haitian Service Organizations and given another interview . Nothwithstanding paragraphs (b) and (c), the govt may, at any time, transport members of the Screened In Plaintiff class to the mainland U.S. in accordance with the govt's representations to this Court. ( signed by Judge Sterling Johnson Jr., 4/15/92 ) (Yuen, Sui May) (Entered: 04/22/1992)

April 22, 1992

April 22, 1992

41

MEMORANDUM AND ORDER : that the govt's application to stay the enforcement of paragraph "(a)" of the Order of 4/15/92 is denied. ( signed by Judge Sterling Johnson Jr., 4/16/92 ) (Yuen, Sui May) (Entered: 04/24/1992)

April 22, 1992

April 22, 1992

42

REPLY by Hatian Centers, National Coalition, Immigration Law, Frantz Guerrier, Pascual Henry, Lauriton Guneau, Medilieu Sorel St. Fleur, Dieu Renel, Milot Baptiste, Jean Doe, Roges Noel, A. Iris Vilnor, Mireille Berger, Yvrose Pierre, Mathieu Noel TO RESPONSE TO PLAINTIFFS' SECOND REQUEST FOR EXPEDITED DISCOVERY. (Yuen, Sui May) (Entered: 04/24/1992)

April 23, 1992

April 23, 1992

43

Letter dtd 4/22/92 from P. Cappuccio to Judge Johnson re : incident that occured at Guantanamo that relates to the preliminary injunction order. (for more details, see letter) (Yuen, Sui May) (Entered: 04/24/1992)

April 23, 1992

April 23, 1992

49

Letter dtd 4/22/92 from Harold Koh to Francis Lorson requesting that this letter be transmit to the full Court for its consideration re : stay pending appeal. (Yuen, Sui May) (Entered: 04/30/1992)

April 23, 1992

April 23, 1992

44

Letter dtd 4/22/92 from Harold Koh to Judge Johnson re : refugee. (for more details, see letter) (Yuen, Sui May) (Entered: 04/24/1992)

April 24, 1992

April 24, 1992

46

Copy letter dtd 4/18/92 from Harold Koh to Judge Johnson in response to the argument made upon the record by dft-applicants in support of their latest motion for stay of the Court's 4/6/92 Order. (for more details, see letter) (Yuen, Sui May) (Entered: 04/27/1992)

April 27, 1992

April 27, 1992

47

Copy MEMORANDUM by Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, Commander, U.S. Nava in opposition to plaintiff's motion for temporary restraining order. (Yuen, Sui May) (Entered: 04/27/1992)

April 27, 1992

April 27, 1992

48

Letter dtd 4/24/92 from Michael Ratner, counsel for plaintiffs, to Judge Johnson enclosing papers requesting the immediate issuance of a temporary restraining order pending a hearing on a request for a preliminary injunction. (Copies attached) Also attached Affirmation by Michael Ratner in Support of Order to Show Cause for Temporary Restraining Order. (Yuen, Sui May) (Entered: 04/28/1992)

April 27, 1992

April 27, 1992

50

Letter dtd 4/22/92 from Francis Lorson to Kenneth Starr enclsoing order re this case. (Order attached) (Yuen, Sui May) (Entered: 04/30/1992)

April 28, 1992

April 28, 1992

51

NOTICE of filing by dfts. Attached are Declaration of Dudley Sipprelle re : Marie Zette (Yuen, Sui May) (Entered: 04/30/1992)

April 28, 1992

April 28, 1992

53

Letter dtd 4/28/92 from Scott Dunn to Judge Johnson in respone to Harold Koh's letter of 4/28/92. (Yuen, Sui May) (Entered: 04/30/1992)

April 28, 1992

April 28, 1992

52

Letter dtd 4/28/92 from Harold Koh to Judge Johnson requesting immediate rule on their request for an injuunction pending the appeal. (Yuen, Sui May) (Entered: 04/30/1992)

April 29, 1992

April 29, 1992

54

MOTION by Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, Commander, U.S. Nava for protective order , Motion hearing [54-1] motion (Yuen, Sui May) (Entered: 04/30/1992)

April 29, 1992

April 29, 1992

55

MEMORANDUM AND ORDER : "In light of the U.S. Supreme Court's recent stay of the preliminary injunction this court issued on 4/6/92, and clarified on 4/15/92, I am declining to sign the plaintiffs' application for a temporary restraining order at this time. The plaintiffs are hereby granted leave to renew their application following the disposition of the expedited appeal by the U.S. Court of Appeals for the Second Circuit. So Ordered." ( signed by Judge Sterling Johnson Jr., 4/27/92 ) (Yuen, Sui May) (Entered: 05/01/1992)

May 1, 1992

May 1, 1992

56

MEMORANDUM by Hatian Centers, National Coalition, Immigration Law, Frantz Guerrier, Pascual Henry, Lauriton Guneau, Medilieu Sorel St. Fleur, Dieu Renel, Milot Baptiste, Jean Doe, Roges Noel, A. Iris Vilnor, Mireille Berger, Yvrose Pierre, Mathieu Noel in OPPOSITION to [54-1] motion for protective order. (Yuen, Sui May) (Entered: 05/05/1992)

May 4, 1992

May 4, 1992

57

Calendar entry: before Judge Johnson on 4/21/92. Case called. All counsel present via telephone except AUSA S. Dunn. Telephone conference held. (Yuen, Sui May) (Entered: 05/08/1992)

May 8, 1992

May 8, 1992

Certified and transmitted record on appeal to U.S. Court of Appeals: [40-1] appeal, [24-1] appeal . Acknowledgment requested. Please note that AUSA SCOTT DUNN HAND DELIVERED THE RECORD ON 5/14/92, to the USCA. This was indicated on the Clerk's Certificate. (Gonzalez, Mary) (Entered: 05/14/1992)

May 14, 1992

May 14, 1992

59

Acknowledgment from USCA received. (Gonzalez, Mary) (Entered: 05/20/1992)

May 20, 1992

May 20, 1992

60

Letter dtd 5/28/92 from Harold Koh to Judge Johnson enclosing the immediate issuance of a temporary restraining order pending a hearing on a request for a preliminary injunction. Order to Show Cause for a temporary restraining order w/ exhibits A-I attached , but UNSIGNED. (Yuen, Sui May) (Entered: 05/29/1992)

May 28, 1992

May 28, 1992

61

ATTACHMENTS IN SUPPORT of dfts' opposition to the entry of injunctive relief respecting the new executive order. (Yuen, Sui May) (Entered: 06/01/1992)

June 1, 1992

June 1, 1992

62

Dfts' OPPOSITION to the entry of injunctive relief respecting the new executive order. (Yuen, Sui May) (Entered: 06/01/1992)

June 1, 1992

June 1, 1992

63

Documents enclosed in an envelop - Attach to end of exhibit 88. Submitted by Simpson Thacher & Bartlett. (Yuen, Sui May) (Entered: 06/02/1992)

June 2, 1992

June 2, 1992

64

Plaintiffs REPLY to dfts'oppoosition to plaintiffs' order to show cause filed. (Yuen, Sui May) (Entered: 06/03/1992)

June 2, 1992

June 2, 1992

65

Letter dtd 6/2/92 from Michael Ratner to Judge Johnson in response to dfts' letter of 5/22/92, seeking to quash the deposition subpoenas of Dr. paul Effler and Dr. Sonia Hutchins. (Yuen, Sui May) (Entered: 06/03/1992)

June 3, 1992

June 3, 1992

67

NOTICE OF APPEAL by Hatian Centers, National Coalition, Immigration Law, Frantz Guerrier, Pascual Henry, Lauriton Guneau, Medilieu Sorel St. Fleur, Dieu Renel, Milot Baptiste, Jean Doe, Roges Noel, A. Iris Vilnor, Mireille Berger, Yvrose Pierre, Mathieu Noel Defendants/Appellants Fee Paid $ 105.00 Receipt # 140939. Notice of appeal and certified copy of docket sent appealing [66-1] order . Ackn of serice attached. C of A notified. (Gonzalez, Mary) (Entered: 06/09/1992)

June 8, 1992

June 8, 1992

66

ORDER dated 6/5/92 order that the relief sought by plaintiffs on order to show cause for a temporary restraining order pursuant to F.R. Civ. P. 65 restraining the Govt. repatriating any Haitian to Haiti, is denied. ( signed by Judge Sterling Johnson Jr. ) (Dobkin, David) (Entered: 06/09/1992)

June 9, 1992

June 9, 1992

68

MEMORANDUN AND ORDER : that the govt's request that plaintiffs not be permitted to depose Doctors Effler and Hutchins of the Centers for Disease Control, and that the subpoenas be quashed is DENIED. ( signed by Judge Sterling Johnson Jr., 6/8/92 ) (Yuen, Sui May) (Entered: 06/11/1992)

June 11, 1992

June 11, 1992

69

MANDATE OF USCA dtd 6/10/92 Re: [67-1] appeal. Judgment of District Court is affirmed as modified in accordance with the opinion of USCA. Judge notified. Acknowledgment returned to USCA. USCA#92-6090 and 92-6104. Issued as Mandate 6/11/92. (McGee, Maryann) (Entered: 06/15/1992)

June 15, 1992

June 15, 1992

71

MANDATE OF USCA (certified copy) Re: [67-1] appeal, [40-1] appeal, [24-1] appeal. The Order of the District Court is REVERSED and REMAND with direction to grant the injunction requested by plaintiffs. Majority opinions attached with dissents in a separate opinion. Issued as mandate on 7/29/92. Judge notified . Ackn mailed. USCA # 92-6144. (See document for further details). (Gonzalez, Mary) (Entered: 08/04/1992)

Aug. 4, 1992

Aug. 4, 1992

72

MANDATE( ORDER) filed at the USCA on 7/30/92 the motion of the United Staes to recall and stay this Court's mandate, it is ORDERED that the injunction issued 7/29/92 by the District Court in conformity with our mandate is stayed for 48 hours to permit the orderly consideration of such further application for a stay as the U.S. may seek from the Supreme Court or a Justice therof. Judge Walker would grant the motion for a stay in full. Judge notified. Ackn mailed. USCA # 92-6144. (Gonzalez, Mary) (Entered: 08/05/1992)

Aug. 5, 1992

Aug. 5, 1992

Record on appeal returned from U.S. Court of Appeals: [67-1] appeal, [40-1] appeal, [24-1] appeal (Gonzalez, Mary) (Entered: 08/10/1992)

Aug. 10, 1992

Aug. 10, 1992

73

Letter dtd 8/3/92 from Clerk Lorson from the Supreme Court to Judge Starr enclosing order of 8/1/92. (Copy of order attached.) (Yuen, Sui May) (Entered: 08/17/1992)

Aug. 17, 1992

Aug. 17, 1992

74

ORDER, endorsed on the letter dtd 8/18/92 from Joseph Tringali to Judge Johnson, set pretrial conference for 9:30 9/15/92 ( signed by Judge Sterling Johnson Jr., 8/24/92 ) (Yuen, Sui May) (Entered: 08/25/1992)

Aug. 25, 1992

Aug. 25, 1992

75

STIPULATION AND ORDER, to withdraw dft's [32-1] motion for sanctions ( signed by Judge Sterling Johnson Jr., undated ) (Yuen, Sui May) (Entered: 09/03/1992)

Sept. 3, 1992

Sept. 3, 1992

WITHDRAWAL of [32-1] motion for sanctions. (See document #75) (Yuen, Sui May) (Entered: 09/03/1992)

Sept. 3, 1992

Sept. 3, 1992

76

Letter dtd 9/8/92 from AUSA S. Dunn to Judge SJ confirming that the conference scheduled for 9/15 has been adjourned to 9/22/92 at 9:30. (Yuen, Sui May) (Entered: 09/16/1992)

Sept. 16, 1992

Sept. 16, 1992

77

Calendar entry: before Judge SJ on 9/22/92 for conference. Case called. All counsel present. Gov't to file writ of Cert. by 7/23/93; plaintiff will not amend complaint; motion to dismiss by gov't pending before the Court. Plaintiffs makes application for bifurcate trial. Gov't to submit letter brief by 9/24/92; plaintiff to respond by 9/25/92. (Yuen, Sui May) (Entered: 09/29/1992)

Sept. 22, 1992

Sept. 22, 1992

78

Letter dtd 9/29/92 from AUSA Kito Matsumo to Judge Johnson requesting a conference on 9/30/92 to resolve discovery disputes. (Yuen, Sui May) (Entered: 09/30/1992)

Sept. 29, 1992

Sept. 29, 1992

79

MEMORANDUM AND ORDER : that the plaintiff's motion for bifurcation of the Guantanamo case and the Executive Order case is GRANTED. ( signed by Judge Sterling Johnson Jr., 11/12/92 ) (Yuen, Sui May) (Entered: 11/17/1992)

Nov. 17, 1992

Nov. 17, 1992

80

MEMORANDUM AND ORDER granting in part, denying in part of gov't [35-1] motion to dismiss. It is Ordered that the Second Claim for relief fails to state a claim is dismissed. ( signed by Judge Sterling Johnson Jr., 11/12/92 ) (Yuen, Sui May) (Entered: 11/17/1992)

Nov. 17, 1992

Nov. 17, 1992

81

MOTION by Hatian Centers, National Coalition, Immigration Law, Frantz Guerrier, Pascual Henry, Lauriton Guneau, Medilieu Sorel St. Fleur, Dieu Renel, Milot Baptiste, Jean Doe, Roges Noel, A. Iris Vilnor, Mireille Berger, Yvrose Pierre, Mathieu Noel for REARGUMENT on dfts' motion to dismiss plaintiffs' 4th claim for relief , Motion hearing not set (Yuen, Sui May) (Entered: 11/30/1992)

Nov. 27, 1992

Nov. 27, 1992

82

MEMORANDUM by Hatian Centers, National Coalition, Immigration Law, Frantz Guerrier, Pascual Henry, Lauriton Guneau, Medilieu Sorel St. Fleur, Dieu Renel, Milot Baptiste, Jean Doe, Roges Noel, A. Iris Vilnor, Mireille Berger, Yvrose Pierre, Mathieu Noel in support of [81-1] motion for REARGUMENT on dfts' motion to dismiss plaintiffs' 4th claim for relief (Yuen, Sui May) (Entered: 11/30/1992)

Nov. 27, 1992

Nov. 27, 1992

83

STIPULATION AND ORDER : that the dfts' time to answer the complaint if extended until 12/18/92. ( signed by Judge Sterling Johnson Jr., 12/15/92 ) (Yuen, Sui May) (Entered: 12/17/1992)

Dec. 17, 1992

Dec. 17, 1992

84

MEMORANDUM by Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, Commander, U.S. Nava in opposition to [81-1] motion for REARGUMENT on dfts' motion to dismiss plaintiffs' 4th claim for relief (Yuen, Sui May) (Entered: 12/22/1992)

Dec. 21, 1992

Dec. 21, 1992

85

ANSWER to Complaint by Gene McNary, William P. Barr, James Baker III, Robert Kramek, Kime, Commandants, US Coas, Commander, U.S. Nava (Yuen, Sui May) (Entered: 12/31/1992)

Dec. 30, 1992

Dec. 30, 1992

86

STIPULATION AND ORDER (unsigned) extending plaintiff's time until 1/15/93 to reply to dfts' memo. in opposition to plaintiffs' motion for reargument. (Yuen, Sui May) (Entered: 01/06/1993)

Jan. 6, 1993

Jan. 6, 1993

87

REPLY by Hatian Centers, National Coalition, Immigration Law, Frantz Guerrier, Pascual Henry, Lauriton Guneau, Medilieu Sorel St. Fleur, Dieu Renel, Milot Baptiste, Jean Doe, Roges Noel, A. Iris Vilnor, Mireille Berger, Yvrose Pierre, Mathieu Noel to response to [81-1] motion for REARGUMENT on dfts' motion to dismiss plaintiffs' 4th claim for relief (Yuen, Sui May) (Entered: 01/19/1993)

Jan. 15, 1993

Jan. 15, 1993

88

Letter dtd 2/5/93 from L. Guttentag to Judge SJ informing that several students are scheduled to defend depositions. (Yuen, Sui May) (Entered: 03/02/1993)

March 2, 1993

March 2, 1993

90

Calendar entry: before Judge Johnson on 3/4/93. Case called. All counsel present. Conference held. Bench trial scheduled for 3/8/93. (Yuen, Sui May) (Entered: 03/15/1993)

March 4, 1993

March 4, 1993

91

Calendar entry: before Judge Johnson on 3/8/93. Case called. All counsel present. Bench trial held. Plaintiff allowed to amend the complaint. The court will not grant a continuance. Decision read into the record on govt's motion inlimine. Bench trial continued to 3/9/93. (Yuen, Sui May) (Entered: 03/15/1993)

March 8, 1993

March 8, 1993

92

Calendar entry: before Judge Johnson on 3/9/93. Case called. Bench trial continued to 3/10/93. (Yuen, Sui May) (Entered: 03/15/1993)

March 9, 1993

March 9, 1993

93

TRANSCRIPT filed for conference before Judge Johnson on dates of 3/4/93. Court reporter : Sheldon Silverman. (Yuen, Sui May) (Entered: 03/15/1993)

March 9, 1993

March 9, 1993

94

Calendar entry: before Judge Johnson on 3/10/93. Case called. Bench trial continued to 3/11/93. (Yuen, Sui May) (Entered: 03/15/1993)

March 10, 1993

March 10, 1993

95

Calendar entry: before Judge Johnson on 3/11/93. Case called. All counsel present. Bench trial continued to 3/15/93. (Yuen, Sui May) (Entered: 03/15/1993)

March 11, 1993

March 11, 1993

96

Calendar entry:Before J.Johnson Civil Cause for Bench Trial Court Repl. P.Auerbach M.Steiger Bench trial resumes Trial continued to 3/16/93 @ 9:30 (Jackson, Ramona) (Entered: 03/22/1993)

March 15, 1993

March 15, 1993

99

FORM FOR DESIGNATING COMPLIANCE WITH THE EASTERN DISTRICT STUDENT PRACTICE RULE, for Student Michael Wishnie, Filed. (Roker, Michelle) (Entered: 03/22/1993)

March 15, 1993

March 15, 1993

97

Calendar entry:Before J.Johnson Civil Cause for Bench Trial Ct.Rep. P.Auerbach M.Steiger Case called. Counsel for all sides pres. Bench trial resumes Bench trial continued to 3/17/93 @ 9:30 (Jackson, Ramona) (Entered: 03/22/1993)

March 16, 1993

March 16, 1993

98

Letter 3/17/93 from Joseph A. Selevan to Judge Johnson, Re: See letter for details. (Piper, Francine) (Entered: 03/22/1993)

March 17, 1993

March 17, 1993

101

Calendar entry: before Judge Johnson on 3/17/93 for bench trial. Case called. All counsel present. Bench trial continued to 3/18/93 at 9:30. (Yuen, Sui May) (Entered: 03/25/1993)

March 17, 1993

March 17, 1993

100

AMENDED COMPLAINT by Hatian Centers, National Coalition, Frantz Guerrier, Milot Baptiste , (Answer due 9:30 9/15/92 ) amending [1-1] complaint (Roker, Michelle) (Entered: 03/23/1993)

March 18, 1993

March 18, 1993

102

Calendar entry: before Judge Johnson on 3/18/93. Case called. All counsel present. Bench trial continued to 3/19/93. (Yuen, Sui May) (Entered: 03/25/1993)

March 18, 1993

March 18, 1993

103

Calendar entry: before Judge SJ on 3/19/93. Case called. All counsel present. Bench trial held. Trial continued to 3/24/93. (Yuen, Sui May) (Entered: 03/29/1993)

March 19, 1993

March 19, 1993

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 18, 1992

Closing Date: Feb. 23, 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

"Screened in" Haitian refugees detained subject to the U.S. interdiction program

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Jerome N. Frank Legal Services Organization (Yale)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Immigration and Naturalization Service, Federal

United States Coast Guard, Federal

Secretary of State, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

General:

International law

Search policies

Immigration/Border:

Asylum - criteria

Asylum - procedure

Cuban/Haitian entrant

Refugees