Filed Date: Nov. 25, 1981
Closed Date: 1982
Clearinghouse coding complete
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)
Cabranes, José Alberto (Connecticut)
Carter, Robert Lee (New York)
Cooper, George (District of Columbia)
Abrams, Steven R. (New York)
Belote, Thomas H. (New York)
Cabranes, José Alberto (Connecticut)
Carter, Robert Lee (New York)
Kearse, Amalya Lyle (New York)
Mansfield, Walter Roe (New York)
Last updated March 6, 2024, 3:03 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
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):
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:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
Jails, Prisons, Detention Centers, and Other Institutions:
Immigration/Border: