Haitian Refugee Center, Inc. v. Baker

I respectfully dissent. The district court properly issued the preliminary injunction in this case. Additionally, I dissent from the majority’s decision that although this court has jurisdiction over this case, the scope of our jurisdiction is not broad enough to afford review of the district court’s refusal to grant the preliminary injunction on the Administrative Procedures Act (APA) claim.

A. FACTUAL MATTERS

It is important to put this case in proper context through consideration of factual matters borne out by the record.

1. Under existing law, any refugee may reach the shores of the United…