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Keys Lighthouse Cubans To Remain In US Custody Until Hearing

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MIAMI (CBSMiami/AP) – A status conference was held outside Miami federal court on Friday involving a group of Cuban migrants found on a lighthouse several miles off the Keys.

"These people were not at sea. They were on a structure that is part of the United States that should count as making it to land," said Attorney Joe Geller.

According to Geller, the judge hearing the case wants the opportunity to review all the facts so that he can "make the right the decision and just decision."

Geller said the judge the set an evidentiary hearing for 2 p.m. on Thursday, June 2.

The 21 migrants are currently on a Coast Guard cutter.

The Coast Guard reportedly said they may have to make a decision sooner because it is difficult to maintain the migrants on their cutter. Geller said the judge told the Coast Guard to hold.

However, if the Coast Guard had to act, they would notify the court and the attorneys working the case so that the judge may consider an emergency order to possibly prevent them from doing so.

"The government, by agreeing to do that, acted responsibly," Geller said, "although we disagree with their decision not to allow these people into the country."

U.S. Attorney Dexter Lee and government lawyers argue that the Cubans found on the 136-year-old American Shoal lighthouse on a reef off Sugarloaf Key didn't make it to dry land.

Thus, the lawyers believe, the migrants are not eligible to enter the U.S. under the "wet foot, dry foot" policy and should be returned to Cuba as is U.S. policy.

Hildanys Rodriguez has a cousin on board that Coast Guard cutter.

"The lighthouse is American territory. It is a land mark of the United States, a history of the united states. So it is dry foot," Rodriguez said.

 

(TM and © Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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