Rodriguez Fernandez v Wilkinson


This is a US case from 1980

Rodriguez- Fernandez arrived from Cuba to claim asylum. He was detained.

The man had previous convictions in Cuba. He was on trial for burglary at the time of his escape.

Usages of nations can be used to resolve issues where there is no treaty see the Paquete Habana case

The Attorney General was allowed to refuse to release the man on parole. His habeas corpus rights were not violated since he could elect to return to Cuba.

The AG was right to do what he did in light of the man’s turpitudinous past.


About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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