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Case Name Chavez-Rivas v. Olsen IM-NJ-0004
Docket / Court 1:01-cv-01018-SMO ( D.N.J. )
State/Territory New Jersey
Case Type(s) Immigration
Case Summary
On March 2, 2001, the petitioner, Valentin Chavez-Rivas, a Cuban refugee, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 in the District Court for the District of New Jersey. The petitioner was being held by the INS under a final deportation order because of multiple ... read more >
On March 2, 2001, the petitioner, Valentin Chavez-Rivas, a Cuban refugee, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 in the District Court for the District of New Jersey. The petitioner was being held by the INS under a final deportation order because of multiple criminal convictions. Petitioner asserted that his continued detention was unlawful because Cuba would not consent to his return.

After the case was filed, Petitioner was transferred from FCI Fairton in Jew Jersey to the Federal Correctional Institution at Memphis, Tennessee. The government moved to dismiss for lack of jurisdiction, or alternatively, to transfer the case to the District of Tennessee. The District Court (Judge Stephen M. Orlofsky) denied the government's motion. Chavez-Rivas v. Olsen, 194 F.Supp.2d 368, 2 (D.N.J. 2002). The Court directed the parties to brief several issues critical to the case, including: whether the Cuban Review Plan, under which Petitioner was being held, was constitutional and whether the INS review panels had violated due the Due Process Clause by relying on Petitioner's arrests alone, rather than evidence of criminal conduct, in assessing his future dangerousness.

After the parties briefed the issues, the Court (Judge Orlofsky) issued its order. Judge Orlofsky found that the INS could lawfully detain Cubans indefinitely under the Cuban Review Plan. However, in Petitioner's case, he was not afforded proper due process in that the INS relied on evidence of his arrests, without any evidence that the crimes were actually committed. The Court ordered that the INS conduct a new parole hearing consistent with the Court's order. Chavez-Rivas v. Olsen, 207 F.Supp.2d 326, 13 (D.N.J. 2002). The government appealed but subsequently dismissed its appeal.

We have no further information on the case.

Brian Ponton - 07/22/2007


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Issues and Causes of Action
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Issues
General
Habeas Corpus
Immigration
Constitutional rights
Cuban/Haitian entrant
Deportation - procedure
Detention - criteria
Detention - procedures
Refugees
Undocumented immigrants - rights and duties
Plaintiff Type
Private Plaintiff
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Immigration and Naturalization Service
Office of the Attorney General
The Federal Bureau of Prisons
Plaintiff Description A Mariel Cuban illegal alien
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2002 - n/a
Case Closing Year 2002
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
(D.N.J.) 12/31/2002
IM-NJ-0004-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 04/01/2002 (194 F.Supp.2d 368) (D.N.J.)
IM-NJ-0004-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 07/08/2002 (207 F.Supp.2d 326) (D.N.J.)
IM-NJ-0004-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Orlofsky, Stephen Murray (D.N.J.) [Magistrate]
IM-NJ-0004-0001 | IM-NJ-0004-0002 | IM-NJ-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Coughlin, Richard (New Jersey)
IM-NJ-0004-0001 | IM-NJ-0004-0002 | IM-NJ-0004-9000
Defendant's Lawyers Bizzarri, Louis J (New Jersey)
IM-NJ-0004-0001 | IM-NJ-0004-0002 | IM-NJ-0004-9000
Christie, Christopher James (New Jersey)
IM-NJ-0004-0001 | IM-NJ-0004-0002
Flynn, Steven J. (District of Columbia)
IM-NJ-0004-0002
McCallum, Robert D. Jr. (District of Columbia)
IM-NJ-0004-0002
Walters, Mark C. (District of Columbia)
IM-NJ-0004-0002
Other Lawyers None on record

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