Pierre v. Rivkind

ORDER OF REVERSAL AND REMAND

JAMES LAWRENCE KING, Chief Judge.

This cause is before the Court upon MARIE ROSE PIERRE’s petition for habeas corpus, pursuant to 8 U.S.C. § 1105a(b), challenging a final order of exclusion.

A Haitian refugee, petitioner landed on the shores of the U.S. ten miles north of Key West, Florida between 4:00 and 5:00 a.m. on October 19, 1983. After an hour’s walk away from the vessel “Lisene,” petitioner and the other passengers hid in a heavily-wooded mangrove area until they were apprehended by county sheriff’s deputies at approximately 9:00 a.m. that morning. While…