University of Michigan Law School
Civil Rights Litigation Clearinghouse
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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 and/or the Border
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/Border
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
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
Order Duration 2002 - n/a
Case Closing Year 2002
Case Ongoing No
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)
(D.N.J.)
IM-NJ-0004-9000.pdf | Detail
Date: 12/31/2002
Source: PACER [Public Access to Court Electronic Records]
General Documents
Opinion (194 F.Supp.2d 368) (D.N.J.)
IM-NJ-0004-0001.pdf | WESTLAW| LEXIS | Detail
Date: 04/01/2002
Source: Google Scholar
Opinion (207 F.Supp.2d 326) (D.N.J.)
IM-NJ-0004-0002.pdf | WESTLAW| LEXIS | Detail
Date: 07/08/2002
Source: Google Scholar
Judges Orlofsky, Stephen Murray (D.N.J.)
IM-NJ-0004-0001 | IM-NJ-0004-0002 | IM-NJ-0004-9000
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

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