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RODRIGUEZ-FERNANDEZ v. WILKINSON

No. 81-1238.

654 F.2d 1382 (1981)

Pedro RODRIGUEZ-FERNANDEZ, Petitioner-Appellee, v. George C. WILKINSON, Warden, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

July 9, 1981.

Attorney(s) appearing for the Case

William C. Bryson, Atty., Dept. of Justice, Washington, D. C. (James P. Buchele, U. S. Atty., Robert S. Streepy, Asst. U. S. Atty., Topeka, Kan., Jack M. Goldklang and Kate Stith Pressman, Attys., Washington, D. C., with him on the brief), for respondent-appellant.

Dennis D. Goodden, Kansas City, Mo. (Henri J. Watson and Tim Carmody, Kansas City, Mo., Roger L. McCollister, Executive Dir. and William E. Metcalf, Kansas Legal Services, Inc., Topeka, Kan., with him on the brief), for petitioner-appellee.

Jerome J. Shestack, Philadelphia, Pa. (Merrie Faye Witkin and Christopher Keith Hall, New York City, with him on the brief), for amici curiae The Lawyers Committee for International Human Rights and the U. S. Helsinki Watch Committee.

Steven M. Schneebaum of Patton, Boggs & Blow, Washington, D. C. (Harry A. Inman and Amy Young-Anawaty, Washington, D. C., of counsel), filed a brief for amicus curiae the International Human Rights Law Group.

Howard Eisberg, Kansas City, Mo., filed a brief for amicus curiae American Civil Liberties Union, Western Missouri.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is an appeal from a decision of the district court granting a writ of habeas corpus, ordering immediate release of Pedro Rodriguez-Fernandez to the custody of an American citizen upon such conditions as the Attorney General of the United States may impose. Rodriguez-Fernandez is a Cuban national who arrived in the United States aboard the so-called Freedom Flotilla which carried approximately 125,000 people from Cuba to Key West, Florida...

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