Case: Bruland v. Howerton

1:84-cv-00240 | U.S. District Court for the Southern District of Florida

Filed Date: Jan. 30, 1984

Closed Date: 1990

Clearinghouse coding complete

Case Summary

In 1984, several boat owners and captains filed suit in the U.S. District Court for the Southern District of Florida to challenge the seizure of their boats and the assessment of substantial fines by the INS pursuant to 8 U.S.C. § 1323 for allegedly transporting Cuban refugees to the U.S. during the Mariel boat lift, which occurred between April and June 1980. During that time period, over 100,000 undocumented Cuban nationals arrived in the U.S. via boat. Plaintiffs claimed that they acted u…

In 1984, several boat owners and captains filed suit in the U.S. District Court for the Southern District of Florida to challenge the seizure of their boats and the assessment of substantial fines by the INS pursuant to 8 U.S.C. § 1323 for allegedly transporting Cuban refugees to the U.S. during the Mariel boat lift, which occurred between April and June 1980. During that time period, over 100,000 undocumented Cuban nationals arrived in the U.S. via boat. Plaintiffs claimed that they acted under duress in that Cuban authorities forced them to load their boats with unwanted Cuban nationals.

The INS conducted administrative proceedings and found that plaintiffs brought Cuban refugees to the U.S. without visas. The INS rejected plaintiffs' defense of duress to the charges and ordered the constructive seizure of their vessels and assessed fines in the statutory amount of $1000 per undocumented alien transported on plaintiffs' boats. Plaintiffs challenged the INS' rulings in this lawsuit, seeking declaratory and injunctive relief to prevent the enforcement and collection of fines assessed them.

Following a non-jury trial on the merits, the District Court (Judge Lenore C. Nesbitt) entered its order and judgment dated March 26, 1985, finding in favor of the defendants on all claims. The Court recognized that the defense of duress was viable, but concluded that it was not available to the plaintiffs since they voluntarily sailed to Cuba and entered its harbors, fully aware that it was under the control of a Communist military dictatorship. Bruland v. Howerton, 606 F. Supp. 333 (S.D. Fla. 1985). Plaintiffs appealed.

On appeal, the Bruland case was consolidated with Lyden v. Howerton, Case no. 84-5681, a similar case that was tried in the Southern District of Florida. The Eleventh Circuit Court of Appeals (Judge Vance) vacated the judgments of the district courts and remanded with instructions that the cases be remanded to the INS for proceedings consistent with the Court's opinion. The Eleventh Circuit affirmed the district courts' determination that duress was a viable defense to violations of 8 U.S.C. § 1323. The Court, however, found that the district courts prematurely made factual findings and that the cases should be remanded to the INS. Lyden v. Howerton and Bruland v. Howerton, 783 F.2d 1554 (11th Cir. 1986).

Following remand, the Bruland case was sent back to the INS for further hearings. In February 1988, the INS issued a series of "Final Administrative Decisions" in which it reduced or eliminating previously imposed fines. Plaintiffs filed a notice of appeal to the Board of Immigration Appeals. The INS did not respond to the notices. Plaintiff then moved for entry of a final judgment at the district court level.

On June 7, 1989, the District Court (Judge Nesbitt) granted Plaintiffs' unopposed motion for entry of a final judgment. The Court retained jurisdiction to rule on the issue of liability for attorneys' fees. On July 3, 1990, the Court awarded attorneys' fees to plaintiffs in amount of $ 19,604.40. Bruland v. Howerton, 742 F. Supp. 629 (S.D. Fla. 1990).

Summary Authors

Dan Dalton (10/23/2007)

People


Judge(s)

Hatchett, Joseph Woodrow (Florida)

Nesbitt, Lenore Carrero (Florida)

Attorney for Plaintiff

Frigola, Anthony K. (Florida)

Kendall, Robert Jr. (District of Columbia)

Marcus, Stanley (Florida)

Attorney for Defendant
Judge(s)

Hatchett, Joseph Woodrow (Florida)

Nesbitt, Lenore Carrero (Florida)

Swygert, Luther Merritt (Illinois)

Vance, Robert Smith (Alabama)

Attorney for Defendant

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Documents in the Clearinghouse

Document

1:84-cv-00240

Docket (PACER)

March 27, 1985

March 27, 1985

Docket

1:84-cv-00240

Opinion

March 27, 1985

March 27, 1985

Order/Opinion

606 F.Supp. 606

84-05681

85-05321

Opinion [USCA]

Lyden v. Howerton

U.S. Court of Appeals for the Eleventh Circuit

March 12, 1986

March 12, 1986

Order/Opinion

783 F.2d 783

1:84-cv-00240

Final Order Granting Motion for Attorney Fees

July 3, 1990

July 3, 1990

Order/Opinion

742 F.Supp. 742

Docket

Last updated Feb. 3, 2024, 3:03 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 30, 1984

Closing Date: 1990

Case Ongoing: No

Plaintiffs

Plaintiff Description:

16 boatowners or captains challenging the seize of their boats and the imposition of substantial fines by the INS for transportig Cuban nationals to the U.S. during the Mariel boatlift.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Immigration and Naturalization Service (- United States (national) -), Federal

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Search policies

Immigration/Border:

Constitutional rights

Cuban/Haitian entrant

Refugees