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12 Jan 2016, 7:13 pm
Available for download at SSRN: http://ssrn.com/abstract=2713931 “The government’s power to seize individuals who are suspected of crimes — by arresting, stopping, or otherwise detaining them — has expanded significantly in the twenty-first century. [read post]
6 Sep 2012, 7:58 am
While the Afghan government maintains that under this agreement U.S. detentions will end as of September 9, 2012, the United States wants to retain control over part of the detention facility, the DFIP, so that it can continue to capture, hold, and perhaps detain individuals there for the foreseeable future. [read post]
5 Oct 2008, 7:58 pm
But to detain the innocent? [read post]
4 Nov 2011, 6:45 am
Detaining an individual who “substantially supports” such an organization, but is not part of it, is simply not authorized by the AUMF itself or by the law of war. [read post]
13 Jun 2008, 7:39 pm
Commentary The Supreme Court’s second new decision on the rights of individuals being detained by the U.S. military — the ruling Thursday in Munaf v. [read post]
12 Dec 2017, 5:00 am
In that case, the court held that at some reasonable point, a detained citizen is constitutionally entitled to access a neutral tribunal to challenge the legality of his or her detention. [read post]
30 Dec 2011, 3:06 pm
Immigration and Customs Enforcement (ICE) today announced new measures to ensure that individuals being held by state or local law enforcement on immigration detainers are properly notified about their potential removal from the country and are made aware of their rights. [read post]
4 May 2017, 8:34 am
Circuit precedent, the Westfall Act applied because the individual defendants—retired Maj. [read post]
16 Jun 2011, 12:15 am
Jackson J held that the assessments in Steven’s case had been deeply flawed and thus that there was no lawful detention, in breach of Article 5(1) (the right not to be unlawfully detained). [read post]
30 Jun 2022, 12:20 pm
The ICC observed that: There are reasonable grounds to believe that civilians perceived to be ethnically Georgian were arrested in the South Ossetian part of Georgia, and subsequently detained, mistreated, and kept in harsh detention conditions in a detention centre in Tskhinvali, before being used as a bargaining tool by Russia and the South Ossetian de facto authorities, and used for an exchange of prisoners and detainees. [read post]
22 Mar 2019, 3:23 pm
The district court suppressed for lack of jurisdiction: a tribal officer does not have authority to detain an individual on a public road unless it is obvious or apparent the individual as violating state or federal law.The 9th affirmed suppression, although not because the individual “seemed like a non-Indian. [read post]
3 Aug 2010, 10:58 am
In this case, the class action lawsuit seeks to protect the rights of mentally disabled individuals held in immigration detention. [read post]
8 Dec 2011, 11:57 am
At any time, there are over a thousand individuals detained within the Chicago Field Office District alone. [read post]
4 Mar 2011, 5:00 am
The Fourth Circuit Court of Appeals found that these items, neither individually or collectively provided a reasonable suspicion of criminal activity. [read post]
4 Aug 2022, 12:16 pm
Secretary Mayorkas also announced plans to close or limit the use of six detention sites, five of which were on a list of 39 detention sites the ACLU asked Mayorkas to shutter in an April 2021 letter, and stopped detaining families at three family detention sites. [read post]
20 Mar 2013, 8:37 am
Under DHS policies, thousands of individuals face years of imprisonment while their immigration cases are pending, and most of them never even receive a bond hearing to ask a judge to determine whether their detention is necessary. [read post]
5 May 2012, 1:32 pm
But you actually had to conduct hostilities, not just detain someone. [read post]
21 Mar 2018, 3:14 pm
Griffith further explains that the court specified that the AUMF authorizes the president to detain enemy combatants and that detention may last for the duration of hostilities. [read post]
11 Jul 2011, 12:05 pm
He was detained en route by UAE security officials in Dubai, but allowed to continue on, arriving in Baghdad in late September. [read post]
13 Jan 2010, 11:17 am
Likewise, the police officers had no legal bases to search the individuals, but they could always ask for consent which each individual can give or refuse. [read post]
