Case: Chavez-Rivas v. Olsen

1:01-cv-01018 | U.S. District Court for the District of New Jersey

Filed Date: March 2, 2001

Closed Date: 2002

Clearinghouse coding complete

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 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 i…

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)

People


Judge(s)

Orlofsky, Stephen Murray (New Jersey)

Attorneys(s) for Plaintiff

Coughlin, Richard (New Jersey)

Attorneys(s) for Defendant

Ashcroft, John (District of Columbia)

Bizzarri, Louis J (New Jersey)

Christie, Christopher James (New Jersey)

Flynn, Steven J. (District of Columbia)

McCallum, Robert D. Jr. (District of Columbia)

Walters, Mark C. (District of Columbia)

Judge(s)

Orlofsky, Stephen Murray (New Jersey)

Attorneys(s) for Plaintiff

Coughlin, Richard (New Jersey)

Attorneys(s) for Defendant

Ashcroft, John (District of Columbia)

Bizzarri, Louis J (New Jersey)

Christie, Christopher James (New Jersey)

Flynn, Steven J. (District of Columbia)

McCallum, Robert D. Jr. (District of Columbia)

Walters, Mark C. (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

Dec. 31, 2002 Docket
11

Opinion

194 F.Supp.2d 368, 2002 U.S.Dist.LEXIS 5278

April 1, 2002 Order/Opinion
18

Opinion

207 F.Supp.2d 326

July 8, 2002 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

Petition Received. (femp) (Entered: 03/01/2001)

March 1, 2001
1

PETITION for writ of habeas corpus filed with application to proceed in forma pauperis (femp) (Entered: 03/06/2001)

March 2, 2001
2

ORDER, to proceed in forma pauperis ( signed by Judge Stephen M. Orlofsky ) (femp) (Entered: 03/06/2001)

March 2, 2001
2

ORDER, directing respondents to answer in 45 days set answer due for 4/20/01 for INS DIRECTOR, for JOHN ASHCROFT, for KEITH OLSON ( signed by Judge Stephen M. Orlofsky ) (femp) (Entered: 03/06/2001)

March 2, 2001
3

NOTICE of Allocation and Assignment filed. (femp) (Entered: 03/06/2001)

March 6, 2001
4

ANSWER to petition for Writ of habeas corpus by KEITH OLSON, JOHN ASHCROFT, INS DIRECTOR. (Request for Release) (ar1) (Entered: 04/16/2001)

April 16, 2001
5

TRAVERSE by Valentin Chavez Rivas; Re: [4-1] writ answer. (ar1) (Entered: 05/17/2001)

May 14, 2001
6

ORDER appointing Richard Coughlin, Federal Public Defender for petitioner Valentin Chavez Rivas. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 08/09/2001)

Aug. 7, 2001
7

LETTER By VALENTIN CHAVEZ RIVAS; Re: Change of Address. (ar1) (Entered: 08/28/2001)

Aug. 27, 2001
8

LETTER By VALENTIN CHAVEZ RIVAS; Re: Change of Address. (ar1) (Entered: 09/04/2001)

Aug. 31, 2001
9

Notice of MOTION to dismiss, or in the alternative to transfer this action to the Western District of Tennessee by respondent KEITH OLSON, Motion set for 10/19/01 on [9-1] motion . (Brief/PO Subm) (ar1) (Entered: 09/07/2001)

Sept. 7, 2001
10

LETTER By VALENTIN CHAVEZ RIVAS addressed to Judge Orlofsky; Re: Transferred to Memphis, etc. (ar1) (Entered: 01/11/2002)

Jan. 11, 2002
11

OPINION FILED. ( signed by Judge Stephen M. Orlofsky ) (NM) (ar1) (Entered: 04/02/2002)

April 1, 2002
12

ORDER denying [9-1] motion to dismiss, or in the alternative to transfer this action to the Western District of Tennessee; directing the parties to file supplemental briefs within 20 days. ( signed by Judge Stephen M. Orlofsky ) (NM) (ar1) (Entered: 04/02/2002)

April 1, 2002
13

ORDER that the dates for supplemental briefs are continued from April 22, 2002 to April 26, 2002. ( signed by Judge Stephen M. Orlofsky ) (NM) (ar1) (Entered: 04/15/2002)

April 15, 2002
14

CERTIFICATE OF SERVICE by KEITH OLSON, JOHN ASHCROFT, INS DIRECTOR Service Re: [9-1] supplemental brief in opposition to motion to dismiss, or in the alternative to transfer this action to the Western District of Tennessee (er) (Entered: 04/22/2002)

April 19, 2002

Supplemental Memorandum by petitioner in support of petition for writ of habeas corpus sent to chambers. (ar1) (Entered: 04/24/2002)

April 24, 2002
15

RESPONSE by KEITH OLSON, JOHN ASHCROFT, INS DIRECTOR in reply of their [9-1] motion to dismiss and in oppostion to a petition for a writ of habeas corpus. (ar1) (Entered: 05/02/2002)

May 2, 2002
16

Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 5/17/02; The following actions were taken, Hearing on petition for habeas corpus. Ordered decision reserved. By Judge Stephen M. Orlofsky (ar1) (Entered: 05/20/2002)

May 17, 2002
17

TRANSCRIPT of Proceedings taken on May 17, 2002. (ar1) (Entered: 06/10/2002)

June 10, 2002
18

OPINION ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 07/09/2002)

July 8, 2002
19

ORDER granting and denying in part petitioner's petition for a writ of habeas corpus. ( signed by Judge Stephen M. Orlofsky ) (NM) (ar1) (Entered: 07/09/2002)

July 8, 2002

Case closed (ar1) (Entered: 07/09/2002)

July 9, 2002
20

NOTICE OF APPEAL filed at 10:36 by KEITH OLSON, JOHN ASHCROFT, INS DIRECTOR Re: [19-1] order . Fee Status: NOT PAID. Copies of notice of appeal sent to USCA and Attorney(s): LOUIS J. BIZZARRI, RICHARD COUGHLIN (lc) (Entered: 09/05/2002)

Sept. 5, 2002
21

NOTICE of Docketing ROA from USCA Re: [20-1] appeal USCA NUMBER: 02-3460 (lc) (Entered: 09/17/2002)

Sept. 13, 2002
22

Transcript Purchase Order RE: [20-1] appeal (None Requested - Unnecessary for appeal purposes) (lc) (Entered: 11/15/2002)

Nov. 15, 2002
23

Certified Copy Of Order from the USCA. Re: Dismissing Appeal purs. to Rule 42(b),Federal Rules of Appellate Procedure without cost to either party. (lc) (Entered: 12/31/2002)

Dec. 31, 2002

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 2, 2001

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Mariel Cuban illegal alien

Plaintiff Type(s):

Private Plaintiff

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2002 - 0

Issues

General:

Habeas Corpus

Immigration/Border:

Constitutional rights

Cuban/Haitian entrant

Deportation - procedure

Detention - criteria

Detention - procedures

Refugees

Undocumented immigrants - rights and duties