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Immigration and Naturalization Service, et al. v. Haitian Centers Council, Inc., et al.

Publisher United States Supreme Court
Publication Date 22 April 1992
Citation / Document Symbol U.S. 1000; 112 S. Ct. 1714; 118 L. Ed. 2d 419; 60 U.S.L.W. 3734
Reference A-775 503
Cite as Immigration and Naturalization Service, et al. v. Haitian Centers Council, Inc., et al., U.S. 1000; 112 S. Ct. 1714; 118 L. Ed. 2d 419; 60 U.S.L.W. 3734, United States Supreme Court, 22 April 1992, available at: http://www.refworld.org/docid/3ae6b67a24.html [accessed 28 August 2014]
Comments Decided: 22 April 1992.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

GENE McNARY, COMMISSIONER, IMMIGRATION AND NATURALIZATION
SERVICE, ET AL., APPLICANTS V. HAITIAN CENTERS COUNCIL,
INC., ET AL.
A-775 SUPREME COURT OF THE UNITED STATES
503 U.S. 1000; 112 S. Ct. 1714;118 L.
Ed. 2d 419; 60 U.S.L.W. 3734
April 22, 1992, Decided

Judges:

Rehnquist, White, Blackmun, Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas.

Opinion:

ORDER IN PENDING CASE

The application for a stay of preliminary injunction presented to Justice Thomas and by him referred to the Court is granted, and it is ordered that the preliminary injunction entered on April 6, 1992, and clarified on April 15, 1992, by the United States District Court for the Eastern District of New York, case No. 92 CV 1258, is stayed pending disposition of the appeal by the United States Court of Appeals for the Second Circuit.

Justice Blackmun and Justice Stevens would deny the application.

Justice O'Connor, with whom Justice Souter joins, dissenting: I would deny the Government's application to lift the injunction to the extent it applies to refugees who are and who remain "screened in." Insofar as it prevents repatriation of those the Government determines may not remain, I would lift the injunction.

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