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SALE v. HAITIAN CENTERS COUNCIL, INC.

No. 92-344.

509 U.S. 155 (1993)

113 S.Ct. 2549

125 L.Ed.2d 128

SALE, ACTING COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE, et al. v. HAITIAN CENTERS COUNCIL, INC., et al.

Supreme Court of United States.

Decided June 21, 1993.

Attorney(s) appearing for the Case

Deputy Solicitor General Mahoney argued the cause for petitioners. With her on the briefs were Solicitor General Starr, Assistant Attorney General Gerson, Paul T. Cappuccio, Edwin S. Kneedler, Michael Jay Singer, and Edwin D. Williamson.

Harold Hongju Koh argued the cause for respondents. With him on the brief were Drew S. Days III, Geoffrey C. Hazard, Jr., Paul W. Kahn, Michael Ratner, Cyrus R. Vance, Joseph Tringali, Lucas Guttentag, Judy Rabinovitz, and Robert Rubin.*

Stevens, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Blackmun, J., filed a dissenting opinion, p. 188.

Justice Stevens, delivered the opinion of the Court.

The President has directed the Coast Guard to intercept vessels illegally transporting passengers from Haiti to the United States and to return those passengers to Haiti without first determining whether they may qualify as refugees. The question presented in this case is whether such forced repatriation, "authorized to be undertaken only beyond the territorial sea of the...

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