Latest in Detention: Non-Guantanamo Habeas Litigation

Detention & Guantanamo

Hedges: CA2 Refuses Supplemental Briefing and Argument On Issues Arising From Clapper

So we learn from this order, handed down yesterday, by the United States Court of Appeals for the Second Circuit.

In a letter filed after the Hedges oral argument, attorneys for the government had cited the Supreme Court's Clapper decision as reason to doubt the Hedges plaintiffs' standing to sue.

Detention: Non-Guantanamo Habeas Litigation

Transferring Afghanistan Detention Operations: Some Context for Continued Obstacles

The New York Times reports today that “U.S. Again Delays Transfer of Bagram Prison to Afghan Forces.”  (Bobby discussed some of these issues, including the “Daqduq problem” issues, a couple of days ago).  The article quotes U.S. and Afghan leaders describing as “remaining technical details” and “last-minute hiccups” some obstacles to transferring control of U.S.

Transfers, Releases & Resettlements

Habeas, Due Process, and... Extradition?

One of the more interesting structural constitutional questions to emerge from the post-9/11 detention litigation has been the previously under-explored relationship between the Constitution's Suspension and Due Process Clauses--and the extent to which they might do separate work with regard to the scope of judicial review in executive detention cases.

Thus, for example, in Boumediene, Justice Kennedy held that "the privilege of habeas corpus entitles the prisoner to a meaningful opp

Detention: Non-Guantanamo Habeas Litigation

False Continuity Continued: Today's WaPo on "Renditions" Under the Obama Administration

Under the snazzy headline "Renditions continue under Obama, despite due-process concerns," today's Washington Post has a long article on the overseas arrest, detention, and subsequent criminal indictment in New York (civilian) federal court of three "European men with Somali roots." The article claims (with emphasis added) that:

The men are the latest example of how the Obama admi

AUMF: Legislative Reaffirmation

Jonathan Hafetz Replies re: Non-Citizens and the New Feinstein Amendment

Below the fold, I'm pasting in a reply by Jon Hafetz from Seton Hall to last Friday's post by Marty Lederman and me on the new Feinstein Amendment and the military detention of non-citizens apprehended within the United States--which was itself a response to Jon's post @ Opinio Juris earlier last week:

Marty and Steve have posted this

Detention: Law of

Another Bagram Habeas Petition Dismissed

Chief Judge Lamberth has granted the government’s motion to dismiss a first amended habeas petition filed by a Pakistani citizen held at Bagram, following the Circuit’s decision in al Maqaleh (and the subsequent decision on remand in that case by Judge Bates).

Note: The petitioner is identified as Amanatullah…I do not know if this is the same person as the

Detention: Operations in Afghanistan

Rahmatullah Case Comes Down from U.K. High Court

The British Supreme Court---in its Michaelmas Term---has handed down the case of Secretary of State for Foreign and Commonwealth Affairs v. Rahmatullah. You might remember the Rahmatullah case, which we covered here and here and here. It concerns a detainee captured by British forces in Iraq but transferred to U.S.

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