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HAITIAN CENTERS COUNCIL, INC. v. McNARY

No. 92 CV 1258 (SJ).

807 F.Supp. 928 (1992)

HAITIAN CENTERS COUNCIL, INC., National Coalition for Haitian Refugees, Inc., Immigration Law Clinic of the Jerome N. Frank Legal Services Organization, of New Haven Connecticut; Dr. Frantz Guerrier, Pascal Henry, Lauriton Guneau, Medilieu Sorel St. Fleur, Dieu Renel, Milot Baptiste, Jean Doe, and Roges Noel on Behalf of Themselves and All Others Similarly Situated; A. Iris Vilnor on Behalf of Herself and All Others Similarly Situated; Mireille Berger, Yvrose Pierre and Mathieu Noel on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. Gene McNARY, Commissioner, Immigration and Naturalization Service, William P. Barr, Attorney General; Immigration and Naturalization Service; James Baker, III, Secretary of State; Rear Admiral Robert Kramek and Admiral Kime, Commandants, United States Coast Guard; and Commander, U.S. Naval Base, Guantanamo Bay, Defendants.

United States District Court, E.D. New York.

November 12, 1992.

Attorney(s) appearing for the Case

Harold Hongju Koh, Carroll D. Lucht, Lowenstein Intern. Human Rights Clinic, Allard K. Lowenstein, Intern. Human Rights, New Haven, CT, Simpson Thacher & Bartlett by Joseph F. Tringali, Paul Curnin, Jennifer Klein, Susan Sawyer, New York City, Michael Ratner, Suzanne Shende, Jules Lobel, Center for Constitutional Rights, New York City, Robert Rubin, Ignatius Bau, Nat. Refugee Rights Project-San Francisco Lawyers' Committee for Urban Affairs, San Francisco, CA, for plaintiffs.

Stuart M. Gerson, Asst. Atty. Gen., Steven R. Valentine, Deputy Asst. Atty. Gen., U.S. Dept. of Justice, Robert L. Bombaugh, Director, Office of Immigration Litigation, Dept. of Justice, Lauri Steven Filppu, Deputy Director, Allen W. Hausman, Thomas W. Hussey, Alice M. King, Charles E. Pazar, Emily Ann Radford, Michele Y.F. Sarko, Norah Ascoli Schwarz, Karen Fletcher Torstenson, Mark C. Walters, Washington, DC, Scott Dunn, of counsel to U.S. Atty. Andrew J. Maloney, E.D.N.Y., Brooklyn, NY, for defendants.

MEMORANDUM AND ORDER

JOHNSON, District Judge:

The Plaintiffs commenced this class action seeking declaratory and injunctive relief arising from the Government's actions against Haitians and Haitian Service Organizations following the military coup that overthrew the government of Jean-Bertrand Aristide on September 30, 1991.

The Complaint states the following causes of action: 1) First Claim for Relief alleges that the Haitian Service Organizations...

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