Legal Opinion

Jean v. Nelson

Court of Appeals for the Eleventh Circuit

Decided February 28, 1984No. 82-5772PublishedCited by 227 opinions

1Opinion of the Court

VANCE, Circuit Judge:

This case presents complex and fundamental constitutional questions concerning the rights of excludable or unadmitted aliens1 and the authority of the Executive branch over immigration matters. It arises out of a class action brought on behalf of Haitian aliens who arrived in the Southern District of Florida on or after May 20, 1981 and were detained at various facilities of the Immigration and Naturalization Service (INS) pending a final determination of the merits of their petitions for asylum.2

Plaintiffs allege that their incarceration was improper for two reasons.…

2Cases cited69 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  3. Hewitt v. HelmsSupreme Court of the United States · 1983
  4. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  5. Bishop v. WoodSupreme Court of the United States · 1976

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3Cited by227 opinions

  1. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  2. McNary v. Haitian Refugee Center, Inc.Supreme Court of the United States · 1991
  3. Marie Lucie Jean v. Alan C. NelsonCourt of Appeals for the Eleventh Circuit · 1988
  4. Lawton Chiles, Jr., Bob Martinez, Metropolitan Dade County, Intervenors-Appellants v. Richard Thornburgh, Attorney General of the United StatesCourt of Appeals for the Eleventh Circuit · 1989
  5. Virginia Ragon Achacoso-Sanchez v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1985

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