Filed Date: Jan. 8, 1981
Closed Date: 1981
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In 1980, a group of Cuban nationals detained in the United States Penitentiary at Leavenworth, Kansas after being denied political asylum filed suit in the U.S. District Court for the District of Kansas to challenge the conditions and circumstances of their continued detention. Plaintiffs requested declaratory and injunctive relief and moved for class certification
Plaintiffs were subsequently transferred to a federal facility in Georgia. The government moved for dismissal of the case or, in the alternative, to transfer the venue of the matter to a federal court in Georgia.
On May 12, 1981, the District Court (Judge Richard D. Rodgers) denied class certification, but transferred the case to the Northern District of Georgia for further proceedings. Garcia-Mir v. Civiletti, 1981 U.S. Dist. LEXIS 18607 (D.Kan. May 12, 1981).
See Fernandez-Roque v. Smith for further case proceedings.
Summary Authors
Brian Ponton (9/17/2007)
Fernandez-Roque v. Smith, Northern District of Georgia (1981)
Allgood, Clarence W. (Alabama)
Atkins, Carl Clyde (Florida)
Buchele, James P. (Kansas)
Cowen, Steven S. (Georgia)
Delikat, Michael (New York)
Last updated April 15, 2024, 3:13 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Kansas
Case Type(s):
Key Dates
Filing Date: Jan. 8, 1981
Closing Date: 1981
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A group of Cuban refugees detained in Kanas after being denied politicial asylum in the United States.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
The Office of the Attorney General of the United States (Washington), 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:
Source of Relief:
Issues
Immigration/Border:
Jails, Prisons, Detention Centers, and Other Institutions: