The case of Mr Jesus Rodriguez Hernandez, who was a refugee who fled from Florida to Cuba, relates to a migrant smuggling venture in November 2003 in which he brought several family members, along with 48 other Cuban nationals, from Cuba to Florida. He was apprehended and convicted in the United States and, as a result, lost his refugee status. He then moved to Canada where further court proceedings examined his admissibility given his prior migrant smuggling conviction.
It was explicitly noted by the court that the accused acted without 'any profit motive - it was arguably a humanitarian mission'.
Mr Hernandez was charged and convicted for three counts of alien smuggling under USC § 1324(a)(2)(A).
The official report of this case was not available at the time of writing.
As a consequence of his conviction Mr Hernandez lost his refugee status in the United States and was subject to a deportation order to Cuba.
Mr Hernandez fled Cuba in 2001. He was persecuted and imprisoned for speaking out against the Government of Cuba and in joining other government opponent. He was granted refugee status in the United States and continued to speak out against the Cuban regime. He lost his refugee status following his conviction for this migrant smuggling venture and then sought to migrate to Canada.
The accused was on the vessel on which he sought to smuggle several of his family members from Cuba to Florida. It appears that he may have been the person organising the vessel. It is not known what role he took during the journey itself.
There is no information about the other people, if any, involved in the venture to smuggle Mr Hernandez's family from Cuba to Florida.
Hernandez v Minister for Public Safety and Emergency Preparedness (Canada)  FC 1417 (4 December 2012)