Filed Date: March 2, 2001
Closed Date: 2002
Clearinghouse coding complete
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.
Summary Authors
Brian Ponton (7/22/2007)
Coughlin, Richard (New Jersey)
Ashcroft, John (District of Columbia)
Bizzarri, Louis J (New Jersey)
Christie, Christopher James (New Jersey)
Flynn, Steven J. (District of Columbia)
Orlofsky, Stephen Murray (New Jersey)
Last updated Jan. 18, 2024, 3:08 a.m.
State / Territory: New Jersey
Case Type(s):
Key Dates
Filing Date: March 2, 2001
Closing Date: 2002
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A Mariel Cuban illegal alien
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Office of the Attorney General (Washington), Federal
The Federal Bureau of Prisons (Fairton), Federal
Immigration and Naturalization Service, Federal
Case Details
Causes of Action:
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 2002 - 0
Issues
Jails, Prisons, Detention Centers, and Other Institutions:
Immigration/Border: