SPELLMAN, District Judge:
MEMORANDUM OPINION AND ORDER GRANTING MOTIONS TO DISMISS
The eighty-four indictments before the Court today are a consequence of the massive “Cuban Refugee Freedom Flotilla”1 which took place in the Spring of 1980 and which resulted in over 125,000 undocumented Cuban nationals being transported from Mariel, Cuba to Key West, Florida. In total, the 84 indictments name 836 defendants, charging each with a substantive violation of 8 U.S.C. § 1324(a)(1) or a conspiracy to violate 8 U.S.C. § 1324(a). That statute, in pertinent part, proscribes bringing into or landing in the United States an alien who has not been duly admitted by an immigration officer or who is not lawfully entitled to enter or reside in the United States. The indictments do not, therefore, allege violations of law by the Cuban nationals who were transported from Mariel, Cuba, and were subsequently admitted to this country on “parole status;” rather, the criminal charges have been brought against those persons who transported the aliens to the United States.
, The defendants have moved, under Federal Rule of Criminal Procedure 12(b), to dismiss the indictments. An examination of those motions and the government’s responses thereto reveals agreement on certain essential factual and legal issues. In addition to the facts alleged in the indictments, the following stipulation has been entered into by all parties:
1. Defendants are owners, captains and/or crew members of vessels which departed from Mariel Harbor, Cuba, or were en route to Mariel, Cuba.
2. The object of the trip to and/or from Mariel, Cuba, was to bring back Cuban nationals without visas.
3. Defendants presented these Cuban nationals to Immigration and Naturalization Service officials at Key West, Florida, so that these Cuban nationals could seek political asylum or some other status which would permit them to come into the United States and remain.
4. The Cuban nationals were issued I— 94’s pursuant to 8 U.S.C. § 1182(d)(5), granting them parole status.
The government and the defense have agreed that, in view of the stipulation, the Court may constitutionally rule on the motions to dismiss without invading the province of the ultimate finder of fact. The Court looked askance upon the motions when they were received. A reading of United States v. Mann, 517 F.2d 259 (5th Cir. 1975) informed the Court of what it could not do. However, United States v. Covington, 395 U.S. 57, 89 S.Ct. 1559, 23 L.Ed.2d 74 (1969), United States v. Korn, 557 F.2d 1089 (5th Cir. 1977) and United States v: Jones, 542 F.2d 661 (6th Cir. 1976) convinced the Court that the contentions of the government and the defense had merit; because of the stipulation, the motions present a defense capable of determination, and trial of the facts surrounding the commission of the alleged offense would be of no assistance in determining the validity of the defense.
As the Court emphasized at the November 13, 1980 hearing on the motions, it has considered the stipulation specifically and solely for the purpose of these motions to dismiss. The stipulation is enforceable for that purpose and only that purpose and shall not be binding for any other reason including, but not limited to, trial of the general issue. Thus, the defendants have not waived their right to trial by jury on any issue of fact in these cases.
Given the admitted facts, the parties further agree that one legal issue underlies all the motions to dismiss, that is, whether, [293]*293as a matter of law, the defendants’ acts are not criminally proscribed by 8 U.S.C. § 1324(a). For the reasons elaborated below, the Court is persuaded that the motions are meritorious and that the statute under which the defendants are charged does not apply to the circumstances outlined by the stipulated facts above, where aliens were presented to immigration officials at the Key West port of entry and requested political asylum. As a preliminary matter, however, we address the compelling circumstances which warrant, and the legal authorities which permit, en banc consideration and disposition of the motions to dismiss.
I. EN BANC JURISDICTION
Pursuant to 28 U.S.C. §§ 132, 137 and in accordance with an order authorized by all active judges and issued by the Chief Judge of the United States District Court for the Southern District of Florida, these eighty-four (84) criminal cases were transferred to this Court en banc for the specific purpose of hearing argument and ruling upon certain substantially similar motions to dismiss.
The commonality of the facts and the legal issue set forth above was the primary impetus for our decision to treat en banc the pending motions to dismiss. We note further, that several salutary policies are served by doing so. First, en banc consideration and disposition will establish uniformity of treatment for similarly situated defendants. Where, as here, criminal sanctions are involved, the significance of uniformity, from both an individual and societal point of view, cannot be understated. Moreover, implicit in our desire for uniformity is our disinclination to depart from the doctrine of intra-court comity. That well-recognized doctrine, see, e. g., Buna v. Pacific Far East Line, Inc., 441 F.Supp. 1360, 1365 (N.D.Calif.1977); Equal Employment Opportunity Commission v. Union Oil Co. of Calif., 369 F.Supp. 579, 584 (N.D.Ala.1974); White v. Baltic Conveyor Co., 209 F.Supp. 716, 722 (D.N.J.1962); E. W. Bliss Co. v. Cold Metal Process Co., 174 F.Supp. 99, 121 (N.D.Calif.1956), establishes a general rule that, absent unusual or exceptional circumstances, judges of coordinate jurisdiction within a jurisdiction should follow brethren judges’ rulings.
Second, from a pragmatic, but nonetheless judicious point of view, treatment en banc, rather than in an individual, piecemeal fashion will avoid or at least limit unnecessary duplication of effort thereby conserving scarce judicial, governmental and private resources.
Here, the Court is convinced that the interests of society and the defendants in an orderly, expeditious and fair disposition of the charges are best served by an en banc proceeding. The Court is not unmindful that countervailing considerations may exist, but neither the government nor the defendants have identified or raised, and the Court is unable to discern, any compelling considerations weighing against en banc disposition. The mere possible existence of such considerations is not, without more, sufficient to undercut our conclusion that en banc treatment of the motions to dismiss is warranted.
With respect to our authority to sit en banc, we conclude that Congress, in enacting 28 U.S.C. § 132(c) as part of the comprehensive 1948 revision of the Judiciary Code, see Act of June 25, 1948, ch. 646, 62 Stat. 895, contemplated that a District Court might, pursuant to “rule or order of Court,” conduct an en banc session.2 Ac[294]*294cord, 7B Moore’s Federal Practice JC 154-154.1 (1979); Wright, Miller & Cooper, 13 Federal Practice and Procedure: Jurisdiction § 3505 at 14; White v. Swenson, 261 F.Supp. 42 (D.Mo.1966). The legislative history to 28 U.S.C. § 132(c) makes clear that the statute “merely recognize[d] [this] established practice.” House Comm, on Judiciary, Revision of Title 28, United States Code, H.R.Rep. No. 308, 80th Cong., 1st Sess. A28 (1947), reprinted in IB B. Reams, Jr., & C. Haworth, Congress and the Courts: A Legislative History 1787-1977 1352 (1978). On at least three occasions prior to the enactment of 28 U.S.C. § 132(c), judges in the Eastern District of Pennsylvania sat en banc to hear certain matters. Hickman v. Taylor, 4 F.R.D. 479 (E.D.Pa. 1945); Matter of Clover Drugs, Inc., 21 F.Supp. 107 (E.D.Pa.1937); Matter of Jay & Dee Store Co., 37 F.Supp. 989 (E.D.Pa.1941). Inasmuch as these 84 cases were transferred pursuant to an “order of court,” we conclude that 28 U.S.C. § 132(c) authorizes this en banc Court to hear and decide the motions to dismiss now pending before us.3
II. STATUTORY INTERPRETATION
8 U.S.C. § 1324, set forth in the margin,
The Defendants are charged under § 1324(a)(1). However, the Government has conceded in its memoranda and oral argument that the Defendants did not land the aliens by taking them to the port of entry and that the aliens did not enter the United States under the meaning of immigration law. The position of the Government is that the actions of the Defendants constitute bringing aliens into the United States, and that the statute does not require that an entry be made or attempted by aliens.
As the Fifth Circuit stated in United States v. Washington, 471 F.2d 402,404 (5th Cir. 1973):
[295]*295We begin by recognizing that section 1324, like all penal statutes should be strictly construed. We also note ... that the general purpose of this section of the Immigration and Nationality Act of 1952 was to prevent aliens from entering or remaining in the United States illegally. (Emphasis added).
Section 1324(a)(1) has been applied previously by several courts. One feature that emerges from the cases is that every reported conviction under subsection (a)(1) has involved a surreptitious, fraudulent or evasive entry into this country by aliens.
Thus, in United States v. Bunker, 532 F.2d 1262, 1265 (9th Cir. 1976), the Court stated: “We agree that an illegal entry has been at the core of essentially all prosecutions under this section [1324(a)(1)].” The Court so held even though it extended the application of 1324(a)(1) from “the usual sort” of alien smuggling where surreptitious entry occurs to “more subtle kinds of smuggling” such as the use of fraudulent documentation to vitiate the border inspection procedure. Id. at 1266.
The Bunker Court also noted the nexus between § 1325, which punishes an alien who obtains entry by willful misrepresentation, and § 1324(a)(l)’s singling out of those who bring into this country aliens not entitled to enter or reside. More recently, in United States v. Kavazanjian, 623 F.2d 730, 736 (1st Cir. 1980), the Court noted that there is a direct relationship between “brings into” in § 1324(a)(1) and “entry” in § 1324(a)(4). The opinions in Kavazanjian and Bunker give a clear indication that § 1324(aXl) is a prohibition of alien smuggling, not of open, non-fraudulent presentation of aliens to immigration officials.
These cases are supported by the decisions in United States v. Washington, supra, [fraudulent entry by aliens as basis for § 1324(a)(1) prosecution], United States v. Harding, 432 F.2d 1218 (9th Cir. 1970) [surreptitious entry] and McFarland v. United States, 19 F.2d 805 (6th Cir. 1927).
In McFarland, the Court held that the original and nearly identical version of § 1324(a)(1) applied only to surreptitious entry of aliens.
An alien may get into the United States in either of two ways: He may come up to the established point of inspection and submit himself for examination, and for admission or rejection, or he may endeav- or to avoid this examination and come into or land in the United States surreptitiously. The statute has its full normal field of application, if it is restricted to entry at other than the inspection points, to that ‘landing’ or ‘bringing’ which escapes inspection. One who merely crosses the international line on a boat, and then crosses the dock to the immigration office for examination, has not come into the United States. (Emphasis added).
Id. at 806.
Subsequent cases criticize the specific holding of McFarland as overly restrictive, and conclude that the immigration statute also applies to schemes to effect fraudulent entry of aliens. The facts of McFarland show that the defendant admitted he brought his son, an alien, to United States Immigration officials, that he gave his son false entry documents, and that he instructed his son on what to say if he was questioned by the officials. The Court found these facts insufficient to support a conviction because the defendant had merely brought his son to the border and did not attempt to bring his son across the border without first passing through the immigration process.
The cases which criticize McFarland recognize that the purpose of the statute is to prevent fraudulent as well as surreptitious avoidance of the immigration process. The courts agree, however, that the statute does not prohibit the mere bringing of aliens to the country’s border. Thus, in United States v. Washington, supra, where the defendant provided false identification papers and instructed the aliens on what to say when questioned by the immigration officers, the Court upheld the conviction. While Washington criticized McFarland as overly restrictive, the Court also recognized that § 1324 is aimed only at preventing illegal entries, i. e., those entries where persons seek to avoid the immigration proc[296]*296ess. The statute does not proscribe the mere act of bringing aliens to a United States Immigration station whereupon the aliens, on their own, request lawful entry into the country. Cf. United States v. Bunker, supra.
In oral argument, the government suggested that the violation of § 1324(a)(1) was complete as soon as the defendants crossed the three mile territorial limit. However, in its memoranda, the government concedes that the aliens did not enter the country when they crossed the border. An alien does not enter the country simply “by crossing the national boundary in transit or even by arrival at a port so long as they are detained there pending formal disposition of their requests for admission.” United States v. Vasilatos, 209 F.2d 195, 197 (3rd Cir. 1954). See also Kaplan v. Tod, 267 U.S. 288, 45 S.Ct. 257, 69 L.Ed. 585 (1925). To accomplish an “entry” an alien must be present in the United States and be free of official restraint. United States v. Oscar, 496 F.2d 492, 493 (9th Cir. 1974). See United States v. Kavazanjian, supra, and the Court’s discussion of parole status, infra.
Despite its concession that the aliens did not enter or land in the country, the government insists that the aliens were “brought into” the United States by these defendants, contending that the term “brings into the United States” does not connote an actual or contemplated entry of aliens. The memoranda of the government rely primarily on Middleton v. United States, 32 F.2d 239 (5th Cir. 1929) as authority for its position that entry is not required for a violation. The government quotes Middleton for the following statement:
The words ‘bring into’ are not synonymous with, but are more comprehensive than, the words ‘land in’, and were intended by the statute to punish violations of the immigration laws in cases where an actual landing or placing of aliens on shore could not be shown.
Id. at 240.
The government’s reading of Middleton is, however, selective. In discussing Middleton, the government ignores the fact that the aliens in that case actually landed in Key West, apparently free from official restraint. Thus, there was an entry in Middleton. Although fire on defendant Middleton’s boat thwarted his attempt to land aliens north of Key West, “Middleton swam toward Key West for assistance [and] both he and the aliens were taken on board a passing boat and carried into Key West.” Id. at 239.
The government also fails to discuss the obviously surreptitious actions of defendant Middleton in bringing aliens into this country and Middleton’s admission of his intent to violate the statute. Middleton did not “deny the testimony of the aliens that the common purpose was to come into the United States at or near Key West in violation of the statute.” Id. at 240. The sole ground for appeal in Middleton was the defendant’s view that since he had not personally effected the last stage of the surreptitious landing of the aliens in the United States because his boat had caught fire, his conduct fell short of the statutory prohibition. Unsurprisingly, the court disposed of this meritless contention in a one-page opinion.
If nothing else, Middleton is another in an unbroken line of cases enforcing § 1324(a)(1) where the defendants’ actions (1) effectuated the entry of aliens and (2) did so in a surreptitious or fraudulent manner, so as to thwart inspection and administrative processing.
III. LEGISLATIVE HISTORY AND CONGRESSIONAL INTENT
Apart from the cases, the government seeks support from the “plain meaning rule” in advocating its interpretation of § 1324(a)(1). There are several impassable roadblocks to the government’s plain meaning theory. As the Bunker Court points out, § 1324 is part of a comprehensive statutory scheme and it would “undercut congressional intent to read [the sections] as unrelated.” United States v. Bunker, supra, at 1266.
[297]*297Some of the most useful tools in determining Congressional intent are contextual analysis, examination of the Congressional record and historical investigation of the problem the statute was designed to solve. The statutory context of 8 U.S.C. § 1324(a)(1) is as follows: Title 8 contains all laws relating to aliens and nationality. The provision in question is found in Chapter 12, Immigration and Naturalization, Subchapter II, Immigration, Part VIII, General Penalty Provisions. Part VIII contains ten sections, the first five of which are relevant to the provision at issue here.
§ 1321 imposes a duty on officers of vessels and any other person “bringing an alien to, or providing a means for an alien to come to, the United States ... to prevent the landing of such alien in the United States at a port of entry other than as designated by the Attorney General or at any time or place other than as designated by the immigration officers.” The penalty for violation of this provision is a $1,000.00 fine.
§ 1322 penalizes any “person who shall bring to the United States” a mentally defective alien. The penalty for violation is a fine.
§ 1323 provides fines for any person who shall “bring to the United States ... any alien who does not have an unexpired visa.... ”
§ 1324 is the only general criminal section on immigration. Unlike the preceding three civil sections, this section does not use the words “bring to,” but instead, in subsection (a)(1), makes it a felony for any person to “bring into or land in the United States” any unauthorized alien. The remaining subsections of § 1324 support (a)(1), criminalizing concealment, harboring and transportation of aliens who have illegally entered the United States as well as the encouragement or inducement of “entry into the United States” of an unauthorized alien.
§ 1325 makes it a crime for any alien to enter the United States by fraudulent or evasive means.
In these five crucial sections of the penalty provisions, the concept of “entry” and “bringing into” is clearly distinguished from the term “bringing to” a port of entry where immigration officers are prepared to process claims for entry. § 1324 uses the words “bring into” and “land in,” as well as “entry,” “enter” and “within.” §§ 1321, 22 and 23 impose civil penalties on persons who bring “to” the United States various aliens. It would be unreasonable for this Court to conclude that Congress was ignorant of the difference in meaning between “bring to” and “bring into.”
Congress defined “entry” as “... any coming of an alien into the United States....” 8 U.S.C. § 1101(aX13) (emphasis added). Throughout the statutory scheme, the legislature perpetuated a congruent synonymous definition of the various terms it used to describe such entry. Common sense and the elementary principles of the English language dictate that “bringing in,” “bringing into” or “inducing the entry into” are words that must necessarily be used to describe the aiding and abetting of “coming into,” all of which deal with “entry.” It is the opinion of this Court that all of those terms denote something more than appearing or causing one to appear at a designated port of entry.
The Court concludes, therefore, that § 1324 was designed by Congress to prevent aiding and abetting the illegal entry of aliens into the United States in a fraudulent, evasive, or surreptitious manner. To effectuate that end, subsection (a)(1) was directed toward those who are directly involved in the physical ingress and subsection (a)(4) toward those who otherwise act as accessories.
It is the view of the Court that the dissenting opinion completely overlooks the distinction inherent in the Immigration Act between conduct considered criminal and conduct which is penalized merely by the imposition of civil sanctions. As Judge Eaton demonstrates in his concurring opinion, [298]*298§ 1324 is an anti-smuggling statute.4 The structure and legislative history of the penalty provisions indicate that criminal retribution was provided for only in situations where aliens, and those who aid them, seek to enter this country by avoiding or thwarting the administrative process. Thus, bringing aliens into the United States was criminalized; bringing aliens to a port of entry was not.
That distinction is a reasonable one in light of the problems immigration policy is designed to solve and in accordance with the history of immigration to this country. In enacting the Immigration Act, Congress intended to encourage aliens to enter this country in an orderly fashion, within the guidelines of immigration procedures, so as to facilitate efficient administration of the admission process. Civil fines are useful and appropriate where an undocumented alien is brought to immigration authorities at a port of entry. Such fines can be used to defray the cost of processing applicants for entry, especially where exclusion or relocation is eventually ordered. Criminal penalties might have too restrictive an effect on travel to the United States and could suppress beneficial immigration efforts.
It is especially noteworthy that Congress did not make it illegal for an unauthorized alien to present himself to immigration officials for admission at a border checkpoint. Cf. 8 U.S.C. § 1325. Thus, none of the Cuban nationals who were brought to the United States by the defendants in these cases have violated the law, nor were charges filed against them. It would be anomalous, then, for this Court to construe § 1324 as imposing criminal penalties on one who merely transports an alien to the entry station so that he may make application to the proper authorities for admission into the United States. The imposition of criminal penalties on those who merely aid aliens in lawfully seeking to apply to this country for political asylum would make a mockery of the often-quoted words of invitation inscribed on the Statue of Liberty.
IV. PROSECUTORIAL DISCRETION AND POLICY OF THE EXECUTIVE BRANCH
The government’s theory is such that even a person in Canada who presents a Canadian seeking entry into the United States at the border checkpoint at Niagara Falls, or a person in Mexico who presents a Mexican at a Texas border checkpoint, would be in violation of this felony statute and it would only be a matter of prosecutorial discretion as to whether or not charges would be brought. The Court finds no basis for this contention, especially where no entry is effected by the alien.
The notion of broad prosecutorial discretion has achieved wide acceptance; however, it is not the usual course of Congressional action to give prosecutors such absolute and unbridled power over the application of a felony statute. The exercise of discretion by the prosecutor, much like the power of the President, by proclamation, to turn on and off the flow of refugees must comport with Congressional intent as expressed in the statute. Otherwise, the Executive Branch would be able to indirectly place the statute in and out of effect. The Executive Branch admittedly has considerable discretionary authority over whether to admit aliens into this country and, when said discretion is effectively exercised, there is no need for additional criminal sanctions to deter applications for entry into the United States.
If it was the intention of the Executive Branch to stop the flow of refugees into this country, it had the civil, administrative tools to do so. See Ahrens v. Rojas, 292 F.2d 406 (5th Cir. 1961). All that was necessary was to reject applicants for asylum and to follow through on that decision. Thus, this Court concludes that Congress intended that our shores would be protect[299]*299ed, at least at border checkpoints, by the proper exercise of the Executive Branch’s power to accept or reject applicants for admission. The recent Cuban experience may have indicated a need for stronger legislative involvement in regulating immigration processing at ports of entry, but it is not the intent of this Court to usurp those legislative powers, nor is it this Court’s function to carry out responsibilities otherwise vested in the Executive Branch of this Government under the Constitution of the United States.
V. PAROLEES
The defendants assert that parole status is equivalent to a lawful entitlement to enter or reside in the United States, thus obviating their criminal liability under the concluding language of § 1324(a). The Court does not agree with the defendants’ contention as to the effect of parole status on the aliens’ lawful entitlement to enter or reside. The cases are legion in holding that parole status does not vest in an alien the right to enter or reside in the United States. By the terms of the fictions long recognized by the law, a paroled alien is not technically “in” the United States; “he is treated as if stopped at the border.” Shaughnessy v. Mezei, 345 U.S. 206, 215, 73 S.Ct. 625, 630, 97 L.Ed. 956 (1952).
In Leng May Ma v. Barber, 357 U.S. 185,190, 78 S.Ct. 1072, 1075, 2 L.Ed.2d 1246 (1958), the Supreme Court explained:
The parole of aliens seeking admission is simply a device through which needless confinement is avoided while administrative proceedings are conducted.
Parole status having been achieved, the alien could still face ultimate rejection; final determination of admissibility being a condition subsequent to the granting of parole. Cf. United States v. Kavazanjian, supra, at 736. Thus, it is the Court’s determination that parole status does not confer a lawful entitlement to enter or reside in the United States, and that the government’s conferring of parole status is irrelevant to the issue of the defendants’ guilt or innocence as to the alleged violation of § 1324(a)(1).
VI. CONCLUSION
Where, as the stipulation evidences in these cases, the defendants’ actions were not such as to avoid orderly administrative processing and ultimate determination of the aliens’ right to enter this country, there has been no violation of the statute. It must not be forgotten that immigration officials were prepared to and did process all of the aliens involved in these cases. If, once before immigration officials the aliens had been refused permission to enter, the defendants would have been forced to turn around and take the aliens elsewhere. If they had ignored that refusal and brought the aliens into the country in disregard of that lawful order, at that point their actions would have constituted the type of surreptitious entry the statute was designed to prosecute.
Although statutory interpretation is sometimes a difficult and inexact task, here it was neither; 8 U.S.C. § 1324(aXl) requires that an entry be made either by fraudulent or surreptitious means. By admission and stipulation of the parties, no entry of aliens was effectuated by the defendants’ actions in these boatlift cases. As stated above, the defendants committed no crime in presenting the aliens at the border checkpoint. Therefore, it is
ORDERED AND ADJUDGED that the defendants’ motions to dismiss the indictments lodged against them be and the same are hereby GRANTED, and the Clerk of this Court is hereby directed to dismiss said indictments.
ATKINS, Chief Judge, and JAMES LAWRENCE KING, HOEVELER, GONZALEZ, PAINE, EDWARD B. DAVIS and HASTINGS, District Judges, concur.
. 8 U.S.C. § 1324
(a) Any person, including the owner, operator, pilot, master, commanding officer, agent, or consignee of any means of transportation who—
(1) brings into or lands in the United States, by any means of transportation or otherwise, or attempts, by himself or through another, to bring into or land in the United States, by any means of transportation or otherwise;
(2) knowing that he is in the United States in violation of law, and knowing or having reasonable grounds to believe that his last entry into the United States occurred less than three years prior thereto, transports, or moves, or attempts to transport or move, within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(3) willfully or knowingly conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, in any place, including any building or any means of transportation; or
(4) willfully or knowingly encourages or induces, or attempts to encourage or induce, either directly or indirectly, the entry into the United States of — any alien, including an alien crewman, not duly admitted by an immigration officer or not lawfully entitled to enter or reside within the United States under the terms of this chapter or any other law relating to the immigration or expulsion of aliens, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding five years, or both, for each alien in respect to whom any violation of this subsection occurs .... ”