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Ernest Moise, Hedwiche Jeanty, Brunot Colas, on Behalf of Themselves and All Others Similarly Situated v. John M. Bulger, Acting Director for District 6, Immigration and Naturalization Service, James W. Ziglar, Commissioner, Immigration and Naturalization Service

Citations: 321 F.3d 1336; 2003 U.S. App. LEXIS 3162Docket: 02-13009

Court: Court of Appeals for the Eleventh Circuit; February 19, 2003; Federal Appellate Court

Narrative Opinion Summary

This case involves an appeal by a group of plaintiffs against officials from the Immigration and Naturalization Service (INS) regarding a policy that required approval from INS headquarters before paroling undocumented Haitian nationals arriving in South Florida. The plaintiffs sought a temporary restraining order, preliminary injunction, and class writ of habeas corpus, which the district court denied. The appeal raised several legal issues, including jurisdictional challenges under 8 U.S.C. § 1252(a)(2)(B)(ii), the legitimacy of the parole policy, and procedural due process concerns related to the lack of an evidentiary hearing. The court also considered whether the policy was exempt from the Administrative Procedures Act and whether the plaintiffs' Fifth Amendment rights were violated. Ultimately, the Eleventh Circuit affirmed the district court's decision, agreeing with its comprehensive assessment presented in the order dated May 17, 2002. The judgment primarily affected one remaining appellant, as other petitioners had been removed to Haiti and were no longer part of the appeal.

Legal Issues Addressed

Delegated Authority in Immigration Parole Decisions

Application: The court evaluated the validity of actions taken by the INS Acting Deputy Commissioner under the attorney general's delegated authority.

Reasoning: Validity of the actions taken by Peter Michael Becraft, the Acting Deputy Commissioner of the INS, in relation to the attorney general's delegated authority over the parole decisions.

Exemption from Administrative Procedures Act Rulemaking Requirements

Application: The issue was whether the INS policy was exempt from the rulemaking requirements of the Administrative Procedures Act.

Reasoning: Consideration of whether the Haitian detention policy was exempt from the Administrative Procedures Act's rulemaking requirements.

Fifth Amendment Challenges to Immigration Policies

Application: The court evaluated the plaintiffs' Fifth Amendment claims against the INS policy.

Reasoning: Evaluation of the plaintiffs' Fifth Amendment challenges to the policy.

Jurisdictional Limitations under 8 U.S.C. § 1252(a)(2)(B)(ii)

Application: The court examined whether the district court had correctly determined its jurisdiction over the habeas corpus petition concerning INS parole decisions.

Reasoning: Examination of the jurisdictional limitations imposed by 8 U.S.C. § 1252(a)(2)(B)(ii) and whether the district court correctly determined it had habeas jurisdiction.

Legitimacy of Immigration Detention Policies

Application: The court assessed whether the INS's reasons for detaining Haitian nationals were legitimate and bona fide.

Reasoning: Assessment of whether the government's reasons for the Haitian detention policy were legitimate and bona fide.

Procedural Due Process in Immigration Policy Challenges

Application: The court considered whether the district court's decision not to conduct an evidentiary hearing or allow discovery constituted an error.

Reasoning: Allegations that the district court erred by not conducting an evidentiary hearing or allowing discovery related to the policy.