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Fernandez v. Wilkinson

505 F. Supp. 787 (1980)

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Fernandez v. Wilkinson

United States District Court for the District of Kansas
505 F. Supp. 787 (1980)

  • Written by Liz Nakamura, JD

Facts

In 1980, Cuban President Fidel Castro released over 100,000 Cuban prisoners and transported them by boat to the United States (defendant). This was referred to as the Mariel Boatlift. Pedro Rodriguez Fernandez (plaintiff) was one of the released Cuban prisoners. Upon arrival in the United States, Fernandez was detained and transferred to a maximum-security federal prison in Kansas. Because Cuba refused to accept repatriation of Fernandez, the United States was unable to deport Fernandez and instead continued to hold him in indefinite detention. Fernandez was not convicted of violating any United States laws, and no hearing was ever conducted to determine whether Fernandez should be considered a flight or security risk. Fernandez filed a writ of habeas corpus in district court, arguing that his continued indefinite detention violated customary international laws prohibiting arbitrary detention.

Rule of Law

Issue

Holding and Reasoning (Rogers, J.)

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