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


compress summary