Case: Betrand v. Sava

1:81-cv-07371 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 25, 1981

Closed Date: 1982

Clearinghouse coding complete

Case Summary

In 1982, Haitians incarcerated in an immigration detention facility in New York, pending their applications for political asylum, filed petitions for a writ of habeas corpus under 28 U.S.C. § 2241 in the United States District Court for the Southern District of New York, challenging the INS' parole policy as it was applied to Haitians. In two separate cases, the District Court (Judge Robert L. Carter) certified a proposed class of Haitians and granted writs of habeas corpus, finding that the I…

In 1982, Haitians incarcerated in an immigration detention facility in New York, pending their applications for political asylum, filed petitions for a writ of habeas corpus under 28 U.S.C. § 2241 in the United States District Court for the Southern District of New York, challenging the INS' parole policy as it was applied to Haitians. In two separate cases, the District Court (Judge Robert L. Carter) certified a proposed class of Haitians and granted writs of habeas corpus, finding that the INS had its discretion in denying the parole requests of the Haitiinas and ordered their release. Vigile v. Sava, 535 F.Supp. 1002 (S.D.N.Y. 1982) and Bertrand v. Sava, 535 F.Supp. 1020 (S.D.N.Y. 1982). The INS appealed.

The Court of Appeals for the Second Circuit (District Judge Jose A. Cabranes, sitting by designation) reversed, holding that while the federal court could exercise habeas corpus jurisdiction to review petitioners allegations that the INS abused its discretion in making parole decisions, in the instant case, the parole denials were justified and not an abuse of discretion. The Appeals Court also held that the United Nations Convention and Protocol did not provide any additional rights to incarcerated Haitians. Bertrand v. Sava, 684 F.2d 204 (2nd Cir. 1982).

Summary Authors

Dan Dalton (12/21/2007)

People


Judge(s)

Cabranes, José Alberto (Connecticut)

Carter, Robert Lee (New York)

Kearse, Amalya Lyle (New York)

Mansfield, Walter Roe (New York)

Attorneys(s) for Plaintiff

Cooper, George (District of Columbia)

Helton, Arthur C. (New York)

Mailman, Stanley (New York)

Prosser, Deborah C. (New York)

Rabb, Harriet (New York)

Shapiro, Steven R. (New York)

Judge(s)

Cabranes, José Alberto (Connecticut)

Carter, Robert Lee (New York)

Kearse, Amalya Lyle (New York)

Mansfield, Walter Roe (New York)

Attorneys(s) for Plaintiff

Cooper, George (District of Columbia)

Helton, Arthur C. (New York)

Mailman, Stanley (New York)

Prosser, Deborah C. (New York)

Rabb, Harriet (New York)

Shapiro, Steven R. (New York)

Susman, Susan D. (New York)

Attorneys(s) for Defendant

Abrams, Steven R. (New York)

Belote, Thomas H. (New York)

Dolinger, Michael H. (New York)

Martin, John S. Jr. (New York)

Wolkoff, Harvey J. (New York)

Documents in the Clearinghouse

Document

Opinion

Vigile v. Sava

535 F.Supp. 1002

March 5, 1982 Order/Opinion

Opinion

Bertrand v. Sava

535 F.Supp. 1020

April 5, 1982 Order/Opinion

Appellate Decision

Bertrand v. Sava; Vigile v. Sava

U. S. Court of Appeals for the Second Circuit

684 F.2d 204

June 25, 1982 Order/Opinion

Resources

Title Description External URL

Henry Hampton Collection: Interview of Hon. Robert Lee Carter

Robert Lee Carter, Henry Hampton Collection

This interview was done for Henry Hampton's Eyes on the Prize: America's Civil Rights Years (1954-1965). The Hon. Robert L. Carter began working as legal counsel to the NAACP in 1944. During the 19… Nov. 5, 1985 http://digital.wustl.edu/cgi/t/text/text-idx?c=eop;cc=eop;rgn=main;view=text;idno=car0015.0861.018

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 25, 1981

Closing Date: 1982

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Haitian immigrants who had been confined and denied parole pending the completion of their inclusion proceedings.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service (INS), Federal

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Habeas Corpus

International law

Immigration/Border:

Asylum - criteria

Asylum - procedure

Cuban/Haitian entrant

Detention - conditions

Detention - criteria

Detention - procedures