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Case Name In re Class Action Application for Habeas Corpus on Behalf of All Material Witnesses in Western Dist. of Texas IM-TX-0026
Docket / Court DR-83-CA-46; DR-83-CR-48 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Immigration and/or the Border
Case Summary
In 1983, indigent aliens who had been detained as material witnesses filed a petition for a writ of habeas corpus in the U.S. District Court for the Western District of Texas, challenging the government's refusal to appointment them counsel. Petitioners had been detained by the federal government ... read more >
In 1983, indigent aliens who had been detained as material witnesses filed a petition for a writ of habeas corpus in the U.S. District Court for the Western District of Texas, challenging the government's refusal to appointment them counsel. Petitioners had been detained by the federal government as material witnesses, pursuant to 18 U.S.C. § 3144, for the criminal prosecution of those persons charged with transporting them across the border.

The Court granted Petitioners' motion for partial summary judgment and ordered the judges of the Western District of Texas to take immediate steps to draft and implement a plan to provide representation to persons the government sought to detain as material witnesses. In re Class Action Application for Habeas Corpus ex rel. All Material Witnesses in the Western District of Texas, 612 F.Supp. 940 (W.D.Tex.1985).

Dan Dalton - 10/16/2007


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Issues and Causes of Action
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Issues
General
Habeas Corpus
Immigration/Border
Constitutional rights
Detention - conditions
Detention - procedures
Plaintiff Type
Private Plaintiff
Defendant(s) Department of Justice
Plaintiff Description Aliens who were detained as material witnesses in the U.S. District Court for the Western District of Texas
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 1985 - n/a
Case Ongoing No
Case Listing IM-TX-0008 : Aguilar-Ayala v. Ruiz (S.D. Tex.)
Additional Resources
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  SUMMARY:The Nationwide Perez-Fuñez Permanent Injunction Provisions for Unaccompanied Children in DHS Custody
www.nilc.org
Date: June 2014
By: National Immigration Law Center (National Immigration Law Center)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Order (612 F.Supp. 940) (N.D. Tex.)
IM-TX-0026-0001.pdf | WESTLAW| LEXIS | Detail
Date: 06/28/1985
Source: Google Scholar
Judges Korbel, George Court not on record
IM-TX-0026-0001 | IM-TX-0026-0001
Plaintiff's Lawyers Korbel, George (Texas)
IM-TX-0026-0001 | IM-TX-0026-0001
Defendant's Lawyers Nowak, Raymond A (Texas)
IM-TX-0026-0001

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