Moises Garcia-Mir v. William French Smith

In the spring of 1980 approximately 125,-000 Cubans participated in a mass exodus from their country to the United States. Although the “Mariel Boatlift” Cubans were properly characterized as excludable aliens with no right of entry when they arrived on our shore, the vast majority of them were eventually paroled into this country and have been given the opportunity to apply for resident status. The government has, however, exercised its discretion under the immigration laws to refuse admission to a small percentage of the Mariels. Virtually all of these aliens have been issued final…