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16 Oct 2009, 7:12 am
In brief, punitive detention for crimes autonomously committed is the paradigm of a detention procedure that respects autonomy; short-term preventive detention (e.g. pre-trial detention) and preventive detention of those whose capacity for autonomy is compromised and who are a danger to themselves or others can also be justified as respectful of individuals' rights to liberty. [read post]
5 Oct 2009, 4:49 am
At any point during a border search, electronic devices, or copies of information therefrom, may be detained for further review either on-site at the place of detention or at an off-site location, including a location associated with a demand for assistance from an outside agency or entity (see Section 8.4). 5) Originals. [read post]
3 Oct 2009, 7:06 am
It is at present the modest notion that the President may detain some set of individuals who are actively engaged in armed conflict against the United States. [read post]
3 Oct 2009, 4:21 am
It is at most the modest notion that the President may detain some set of individuals who are actively engaged in armed conflict against the United States. [read post]
2 Oct 2009, 1:13 pm
Whether an LPR is detained will depend on several factors, including the nature of the conviction, CBP staffing, and available detention bedspace, among other factors. [read post]
1 Oct 2009, 3:47 pm
Defendants simply received a report that an individual was carrying a firearm in a location where individuals could lawfully carry firearms. [read post]
30 Sep 2009, 6:19 am
In its Munaf ruling, the BLT reports, the Supreme Court indicated that Omar's case should be thrown out because "judges do not have the authority to stop the executive branch from turning over an individual to another nation's authority if he is accused of a crime in that country and already detained in that country. [read post]
28 Sep 2009, 5:00 pm
Davis Issue: Must Miranda warnings be given before any person so detained may be asked any questions? [read post]
27 Sep 2009, 11:47 pm
The President is still claiming the power to detain individuals (and the scope of his claim is still a little murky since it could very well apply to folks seized outside of Afghanistan) pursuant to a general use of military force authorization. [read post]
22 Sep 2009, 5:34 pm
Of 14 individuals currently indicted, two have died and four are in custody. [read post]
21 Sep 2009, 4:15 pm
Felipe Arreaga’s detention is a reminder to all of the unjust detentions occurring right now in Mexico and many other countries, and of the difference that human rights activism can make in the lives of individuals. [read post]
18 Sep 2009, 6:04 am
Once the person's identity is verified, "detention is no longer reasonably necessary and the individual must be released. [read post]
15 Sep 2009, 8:40 am
The policy does not show any higher-level review of the recommendations of the review board, but once such a board suggests that the individual be detained further, that is reviewed by a legal officer — for “legal sufficiency” only. [read post]
15 Sep 2009, 1:45 am
In an Addendum, the Administration provides documents spelling out new procedural arrangements at Bagram for reviewing the continuing detention of the individuals held there. [read post]
12 Sep 2009, 2:54 pm
See article: Federal judge rules police cannot detain people for openly carrying guns. [read post]
9 Sep 2009, 6:40 am
"Of the 12 individuals we identified who were potentially deportable, 10 were the subject of ICE detainers and the other two were arrested on local charges," Kice said.The subjects were housed at the Placer County Jail in Auburn, because ICE doesn't have a detention facility in Northern California, Kice said.Once their immigration status were determined, ICE either deported the subjects or placed a detainer on them so the subjects may face local and… [read post]
8 Sep 2009, 5:00 am
Ashcroft, in which the Ninth Circuit held that former Attorney General John Ashcroft did not enjoy either absolute prosecutorial or qualified executive immunity from damages claims that he established policies or presided over a regime of misuse of material-witness warrants to detain individuals not for purposes of ensuring their testimony, but to investigate the detained witnesses themselves for terrorism-related activities. [read post]
1 Sep 2009, 4:49 am
In their assessment of the extent of the risks this clarified policy might pose to citizens' and visitors' personal privacy, published last Tuesday (PDF available here), both border agencies, acting jointly, identified six specific areas: "(1) travelers may need additional information regarding the authority [agents have] to conduct border searches; (2) the traveler may be unaware of the viewing or detention of his/her information by CBP and ICE; (3) personally identifiable… [read post]
25 Aug 2009, 1:23 am
Obama, they argued, would not render individuals to torture or permanent detention. [read post]
21 Aug 2009, 5:16 pm
This training represents the strongest basis that the government has for detaining Al-Adahi. [read post]
