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Garcia-Mir v. Smith, 469 U.S. 1311 (1984)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Garcia-Mir v. Smith, 469 U.S. 1311 (1984)
Garcia-Mir v. Smith No. A-582 Decided February 1, 1985 469 U.S. 1311
ON APPLICATION TO VACATE STAY
Syllabus
An application to vacate the Court of Appeals’ partial stay of the District Court’s order is denied. In proceedings involving a class of Cuban nationals (including applicants) who, having unlawfully entered the United States, have been detained in a federal penitentiary pending Cuba’s acceptance of their return, have had exclusion orders entered against them, and assert that they would be subject to persecution if returned to Cuba and thus are eligible for asylum, the District Court ordered that certain test cases be remanded to the Board of Immigration Appeals and that the exclusion orders be set aside. The Court of Appeals’ stay, pending respondents’ appeal from the District Court, among other things, (1) refused to delay deportation of class members who would not be eligible for asylum, regardless of the outcome on the merits of the test cases, because they had committed serious crimes or otherwise posed a danger to the security of the United States, but (2) shifted to the Government the burden of proving that the alien was excludable on such grounds. Applicants simply have not made a showing of irreparable injury that would warrant interference with the Court of Appeals’ partial stay.
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Chicago: U.S. Supreme Court, "Syllabus," Garcia-Mir v. Smith, 469 U.S. 1311 (1984) in 469 U.S. 1311 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=8DD7SZH1WAGQFR5.
MLA: U.S. Supreme Court. "Syllabus." Garcia-Mir v. Smith, 469 U.S. 1311 (1984), in 469 U.S. 1311, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=8DD7SZH1WAGQFR5.
Harvard: U.S. Supreme Court, 'Syllabus' in Garcia-Mir v. Smith, 469 U.S. 1311 (1984). cited in 1984, 469 U.S. 1311. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=8DD7SZH1WAGQFR5.
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