Benitez v. Mata
What's at Stake
Reviewing the government’s claim that "Mariel" Cubans can be subject to indefinite detention if they have been found excludable from the United States and Cuba will not allow their return. DECIDED
Summary
This case involves the indefinite detention of Daniel Benitez, a Cuban refugee who was paroled into the country as part of the “Mariel” boat-lift in 1980 and has lived here ever since. Benitez is subject to a final order of exclusion but he cannot be expelled because Cuba will not accept his return. The government claims that it is entitled to detain him indefinitely under these circumstances based on its own unreviewable determination that he should not be released. In a friend-of-the-court brief, the ACLU argues that that the government’s position is inconsistent with both Congressional intent and controlling Supreme Court law.
Legal Documents
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10/13/2004
Amicus Brief of the Cuban American Bar Association in Clark v. Suarez Martinez
Date Filed: 10/13/2004
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10/04/2004
Amicus Brief of Law Professors in Benitez v. Mata
Date Filed: 10/04/2004
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10/04/2004
Amicus Brief of the American Bar Association in Benitez v. Mata
Date Filed: 10/04/2004
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10/04/2004
Amicus Brief of Florida Immigrant Advocacy Center in Benitez v. Mata
Date Filed: 10/04/2004
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03/02/2004
ACLU Amicus Brief in Benitez v. Mata
Date Filed: 03/02/2004
Download DocumentPress Releases
High Court Affirms That Government Cannot Indefinitely Detain Mariel Cubans
ACLU Urges High Court to Reject Indefinite Detention of "Mariel" Cubans