Legal Opinion

Chavez-Rivas v. Olsen

District Court, D. New Jersey

Decided July 8, 2002No. Civil Action 01-1018PublishedCited by 9 opinions

1Opinion of the Court

OPINION.

ORLOFSKY, District Judge.

I. Introduction

In this case, I must decide whether the INS has the authority to detain indefinitely certain non-resident aliens, including the so-called “Mariel Cubans,” and whether the procedures used in this case to-detain the petitioner, Valentin Chavez-Rivas, violated the Due Process Clause.

With compromise comes hard choices. Two decades ago, in 1980, the United States made the decision as a nation to allow over 100,000 refugees to emigrate from Cuba to our shores. 1 We tempered our welcome, however, by treating these Cuban immigrants as though they were…

2Cases cited58 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  3. Morrissey v. BrewerSupreme Court of the United States · 1972
  4. Zadvydas v. DavisSupreme Court of the United States · 2001
  5. Marbury v. MadisonSupreme Court of the United States · 1803

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3Cited by9 opinions

  1. Sabri I. Samirah v. Cynthia J. O'connell, Interim District Director for Interior Enforcement, Bureau of Immigration and Customs EnforcementCourt of Appeals for the Seventh Circuit · 2003
  2. Lazaro D. Borrero v. Curtis J. Aljets, Immigration and Naturalization ServiceCourt of Appeals for the Eighth Circuit · 2003
  3. Rolando M. Sierra, Sr. v. D. Romaine, Warden Immigration & Naturalization Service John Ashcroft, Attorney General of the United States of AmericaCourt of Appeals for the Third Circuit · 2003
  4. Beshli v. Department of Homeland SecurityDistrict Court, E.D. Pennsylvania · 2003
  5. Gonzalez v. AshcroftDistrict Court, D. New Jersey · 2003

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