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Keywords

plaintiffdefendantmotionwillmotion to dismiss
plaintiffdefendantmotionwillmotion to dismiss

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Movimiento Democracia, Inc. v. Chertoff

Facts

This case stems from the repatriation of fifteen Cubans who were picked up by the United States Coast Guard after they landed on the old Seven Mile Bridge. Plaintiffs include four of the fifteen repatriated Cubans, three relatives of the repatriated Cubans who now live in the United States, and the association Movimiento Democracia. Plaintiffs filed suit alleging that they were improperly repatriated to Cuba. They allege that by landing on the old Seven Mile Bridge, they were on United States territory, they should have been considered 'feet dry,' and they should have been admitted to the United States under the 'wet foot/dry foot' policy.

This case stems from the repatriation of fifteen Cubans who were picked up by the United States Coast Guard after they landed on the old Seven Mile Bridge. Plaintiffs include four of the fifteen repatriated Cubans, three relatives of the repatriated Cubans who now live in the United States, and the association Movimiento Democracia. Plaintiffs filed suit alleging that they were improperly repatriated to Cuba. They allege that by landing on the old Seven Mile Bridge, they were on United States territory, they should have been considered 'feet dry,' and they should have been admitted to the United States under the 'wet foot/dry foot' policy.

Issue

Whether the relatives and the association have standing to sue under the Administrative Procedure Act.

Whether the relatives and the association have standing to sue under the Administrative Procedure Act.

Rule

To establish Article III standing, a party must demonstrate: (1) that it has suffered an 'injury in fact' that is concrete and particularized, (2) that the injury is 'fairly traceable' to the actions of the defendant, and (3) that the injury will likely be redressed by a favorable decision.

To establish Article III standing, a party must demonstrate: (1) that it has suffered an 'injury in fact' that is concrete and particularized, (2) that the injury is 'fairly traceable' to the actions of the defendant, and (3) that the injury will likely be redressed by a favorable decision.

Analysis

The court found that the relatives did not have a sufficient injury in fact, as there is no statutory or constitutional right to familial association with a person trying to immigrate to the United States. The relatives also failed to show that the repatriated Cubans were hindered from protecting their own rights, as they were already included in the suit. The association lacked standing because it could not demonstrate that its members would have standing to sue in their own right.

The court found that the relatives did not have a sufficient injury in fact, as there is no statutory or constitutional right to familial association with a person trying to immigrate to the United States. The relatives also failed to show that the repatriated Cubans were hindered from protecting their own rights, as they were already included in the suit. The association lacked standing because it could not demonstrate that its members would have standing to sue in their own right.

Conclusion

The court granted defendants' motion to dismiss for lack of standing.

The court granted defendants' motion to dismiss for lack of standing.

Who won?

Defendants prevailed in the case because the court found that the plaintiffs lacked standing to bring the suit.

Defendants prevailed in the case because the court found that the plaintiffs lacked standing to bring the suit.

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