The opinion of the court was delivered by: Hon. Stephen M. Orlofsky
This matter having come before the Court on the Petition of Petitioner, Valentin Chavez-Rivas, for Habeas Corpus, pursuant to 28 U.S.C. § 2241, Richard Coughlin, Esq., Federal Public Defender, Julie A. McGrain, Esq., Assistant Federal Public Defender, appearing on behalf of Petitioner, Valentin Chavez-Rivas ("Chavez-Rivas"), and Christopher J. Christie, Esq., United States Attorney, Louis J. Bizzarri, Esq., Assistant United States Attorney, Robert D. McCallum, Jr., Esq., Assistant Attorney General, Mark C. Walters, Esq., Assistant Director, Stephen J. Flynn, Esq., Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, appearing on behalf of Respondents, Keith Olsen, Warden, John Ashcroft, Attorney General, and Director, Immigration and Naturalization Services; and,
The Court having considered the submissions of the parties, for the reasons set forth in the Opinion filed concurrently with this Order, IT IS, on this 8th day of July, 2002, hereby ORDERED that:
1. The Petition of Petitioner, Valentin Chavez-Rivas, is GRANTED IN PART and DENIED IN PART; and,
2. The Petition of Petitioner, Valentin Chavez-Rivas, is GRANTED insofar as it contends that the Immigration and Naturalization Service violated Petitioner's right to due process by considering Petitioner's record of arrests, without any evidence that Petitioner in fact committed the underlying offenses, in determining whether or not Petitioner was a danger to the community or a risk of flight; and,
3. The Petition of Petitioner, Valentin Chavez-Rivas, is DENIED in all other respects; and,
4. As soon as practicable, the Immigration and Naturalization Service shall convene a new Cuban Review Panel to consider, consistent with the Opinion filed concurrently with this Order, whether or not the Petitioner should be paroled from custody.
STEPHEN M. ORLOFSKY United States District Judge