Carlos Eloy Alvarez Garcia v. William French Smith, Attorney General of the United States Department of Justice

JOHNSON, Circuit Judge:

Carlos Garcia appeals the district .court’s dissolution of a temporary restraining order preventing his deportation from this country and dismissal of his suit for lack of subject matter jurisdiction.

I

Garcia left Cuba in 1980 and settled in Costa Rica. Twenty-one months later he decided to seek entry into the United States, arrived in this country as a stowaway on a ship and sought political asylum. A district director of the Immigration and Naturalization Service (INS) denied his request for asylum and stated that, because Garcia was a stowaway, preparations for his…