habeas corpus

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D.C. Circuit Denies Guantanamo Habeas Petition of Yemeni Detainee

The U.S. Court of Appeals for the D.C. Circuit today denied a habeas corpus petition from a Yemeni detainee at Guantanamo Bay. Judge Neomi Rao, writing for the court, argued that "the Due Process Clause may not be invoked by aliens without property or presence in the sovereign territory of the United States." The petitioner, Abdulsalam al Hela, has been in detention at Guantanamo Bay since 2004.

Guantanamo

D.C. Circuit Denies Petition for Habeas Corpus by Guantanamo Detainee

The U.S. Court of Appeals for the D.C. Circuit today rejected arguments by Abdul Razak Ali, an Algerian national held at Guantanamo Bay, that the full breadth of the Fifth Amendment’s Due Process Clause applies to Guantanamo detainees. The court denied Ali’s petition for a writ of habeas corpus.

You can read the opinion and judgment below:

Detention: Non-Guantanamo Habeas Litigation

ACLU v. Mattis and the Citizen Enemy Combatant in Hamdi v. Rumsfeld

On Dec. 11, the United States District Court for the District of Columbia heard arguments in ACLU v. Mattis on the question whether the ACLU should be permitted to represent a United States citizen who is currently being detained as an enemy combatant in Iraq.

detention

Questions Senators Should Ask at the AUMF Hearing Regarding the US Citizen Enemy Combatant

On October 30th, the Senate Committee on Foreign Relations will hold a hearing titled "The Authorizations for Use of Military Force: Adminstration Perspective," featuring Secretaries Mattis and Tillerson. This is a good thing. We should have an updated AUMF. But, failing that, we should at least have regular and serious hearings in which Congress elicits information about how the President currently construes these authorities.

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