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BERTRAND v. SAVA

Nos. 81 Civ. 7371, 81 Civ. 7372.

535 F.Supp. 1020 (1982)

Joseph BERTRAND, et al., Petitioners, v. Charles C. SAVA, et al., Respondents. Laissez-Moi VIGILE, et al., Petitioners, v. Charles C. SAVA, et al., Respondents.

United States District Court, S. D. New York.

April 5, 1982.

Attorney(s) appearing for the Case

Stanley Mailman, Arthur C. Helton, Deborah C. Prosser, Mailman & Ruthizer, George Cooper, Harriet Rabb, Susan D. Susman, Immigration Law Clinic, Steven R. Shapiro, New York Civil Liberties Union, New York City, for petitioners.

John S. Martin, Jr., U. S. Atty., S. D. N. Y., New York City, for respondents; Thomas H. Belote, Sp. Asst. U. S. Atty., Harvey J. Wolkoff, Asst. U. S. Atty., New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

In an opinion dated March 5, 1982, familiarity with which is assumed, the court found that by discriminating against eight Haitian applicants, respondent Sava failed to exercise properly his discretionary authority to grant parole to excludable aliens. Respondent was given 10 days to demonstrate how any or all of the petitioners pose a risk of absconding different from the risk presented by similar aliens paroled...

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