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CHAVEZ-RIVAS v. OLSEN

Civil Action No. 01-1018.

207 F.Supp.2d 326 (2002)

Valentin CHAVEZ-RIVAS, Petitioner, v. Keith OLSEN, Warden; John Ashcroft, Attorney General; Director, Immigration and Naturalization Service, Respondents.

United States District Court, D. New Jersey.

July 8, 2002.

Attorney(s) appearing for the Case

Richard Coughlin, Esq., Federal Public Defender, Camden, NJ, for Petitioner, Valentin Chavez-Rivas.

Christopher J. Christie, Esq., United States Attorney, Louis J. Bizzarri, Esq., Assistant United States Attorney, Camden, NJ, Robert D. McCallum, Jr., Esq., Assistant Attorney General, Mark C. Walters, Esq., Assistant Director, Stephen J. Flynn, Esq., Washington, DC, for Respondents, Keith Olsen, John Ashcroft, and Director, Immigration and Naturalization Service.

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...

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