Reading Room Document

Application of § 501(e)(2)(B) of the Refugee Education Assistance Act of 1980 (the Act), to be codified at 8 U.S.C. § 1522, to Cubans who have received a final order of exclusion and deportation from the Immigration and Naturalization Service (INS).

The document is a response to an inquiry regarding the application of § 501(e)(2)(B) of the Refugee Education Assistance Act of 1980 to Cubans who have received a final order of exclusion and deportation from the Immigration and Naturalization Service (INS). The conclusion reached in the document is that individuals who have received a final order of exclusion and deportation are not entitled to benefits under title V of the Act. The document presents the question of whether a Cuban who has been excluded pursuant to statute, 8 U.S.C. § 1226, is subject to a "final, nonappealable, and legally enforceable order of exclusion." It also raises the issue of whether the order is appealable and legally enforceable, and concludes that a final order of exclusion and deportation should be considered a "final, nonappealable, and legally enforceable order" under § 501(e)(2)(B).

August 19, 1981