holding that the numerous participants in the “Cuban Refugee Freedom Flotilla,” commonly known as the "Mariel Boatlift,” could not be prosecuted for illegally bringing aliens into the United States under 8 U.S.C. § 1324(a)
How later courts described this case
- holding that the numerous participants in the “Cuban Refugee Freedom Flotilla,” commonly known as the "Mariel Boatlift,” could not be prosecuted for illegally bringing aliens into the United States under 8 U.S.C. § 1324(a)
- proper for district court to determine via motion to dismiss whether defendants’ acts violated statute, where parties had agreed to factual and legal issues, and had further agreed proper district court could constitutionally rule on motions to dismiss without invading province of fact-finder
- doctrine of intra-court comity establishes as a general rule that, absent unusual or exceptional circumstances, judges of coordinate jurisdiction within a jurisdiction should follow brethren judges’ rulings
- dismissing 84 criminal indictments against 336 defendants accused of illegally bringing the “Marielitos” into the U. S.
Written by the judges who cited it.
The opinion
ARONOVITZ and KEHOE, District Judges,
specially concurring:
We concur with Part I of the majority’s opinion regarding our authority to treat en banc the pending motions to dismiss. We also agree with the result reached by the Court but solely for the reasons expressed in Judge Eaton’s concurring opinion.