Fernandez-Roque v. Smith

671 F.2d 426 (11th Cir. 1982)

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Nature of the Case

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Facts

The present action is a consolidation of three suits filed by various groups of Cuban nationals. Ps represent a class of approximately 1800 Cubans who were detained by the Immigration and Naturalization Service upon their arrival in the United States as part of the 1981 Freedom Flotilla. The original complaints sought only relief from detention. Ps later amended their complaints alleging that they were 'refugees' as that term is defined in the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees, (hereinafter Convention & Protocol), 19 U.S.T. 6223, T.I.A.S. 6577. Seeking the protections allegedly afforded them by the Convention & Protocol, Ps asserted that they had a well-founded fear of persecution, if deported, because of their membership in a social group-the Freedom Flotilla. The district court first attempted to obtain assurances from the government counsel that they would provide the Court with advance notice prior to deporting any of the Cuban detainees. When this endeavor proved unsuccessful, the district court entered a temporary restraining order enjoining the government from deporting any of the Cuban detainees pending further order of the court. This order, entered on August 19, 1981, remains in effect at this time. On October 16, 1981, the government filed a notice of appeal on the theory that the TRO had ripened into a preliminary injunction and thus appellate jurisdiction exists pursuant to 28 U.S.C. § 1292(a)(1) (1976).