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

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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)

Attorney for Plaintiff

Cooper, George (District of Columbia)

Attorney for Defendant

Abrams, Steven R. (New York)

Belote, Thomas H. (New York)

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Documents in the Clearinghouse

Document

1:81-cv-07371

81-cv-07372

Opinion

Vigile v. Sava

March 5, 1982

March 5, 1982

Order/Opinion

1:81-cv-07371

81-cv-07372

Opinion

Bertrand v. Sava

April 5, 1982

April 5, 1982

Order/Opinion

82-02110

82-02123

Appellate Decision

Bertrand v. Sava; Vigile v. Sava

U. S. Court of Appeals for the Second Circuit

June 25, 1982

June 25, 1982

Order/Opinion

Resources

Docket

Last updated Nov. 30, 2023, 3:17 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

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

Available Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

International law

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Immigration/Border:

Asylum - criteria

Asylum - procedure

Cuban/Haitian entrant

Detention - conditions

Detention - criteria

Detention - procedures