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Additionally, the group claims that arrested individuals have been denied access to legal representation. [read post]
31 Oct 2022, 9:15 am by crimdefense@hotmail.com
A writ of habeas corpus is a legal process that allows an individual detained by the government to challenge the legality of their detention. [read post]
16 Jan 2019, 5:29 am by Thomas E. Kellogg
Their detentions almost certainly were directly linked to a Canadian court’s decision to detain Huawei executive Meng Wanzhou in response to a U.S. extradition request. [read post]
15 Jul 2008, 4:23 pm
” That part of the ruling apparently would allow the President to detain a U.S. citizen captured in the U.S., if that individual was believed to have been an agent of a foreign terrorist network who was in  the U.S. and aiming to engage in war-like acts. [read post]
25 Jul 2019, 12:05 pm by Cecillia Wang
And so, immigration remains the only arena in which the Supreme Court has permitted civil detention without any individualized hearing. [read post]
20 Jun 2018, 3:21 pm by Gerry Everding
“Moreover, pre-trial detention of asylum-seekers is appropriate only when the particular individual is either a threat to public safety or likely to abscond — never as a deterrent to filing for asylum and never as a cynical bargaining chip for repressive legislation,” he said. [read post]
22 Dec 2011, 11:29 am
A person could therefore post a bond and still be subject to detention by ICE. [read post]
15 Dec 2008, 5:40 am
The main criticism of the rule is that there is no provision for individuals to remove their DNA from federal criminal databases in cases where they have been wrongfully detained or may have even become citizens or proven their U.S. citizenship after being held in detention. [read post]
7 Apr 2020, 2:18 pm by Blair & Kim, PLLC
  Under Washington criminal law, an officer must have reasonable suspicion to detain an individual and probable cause to arrest him. [read post]
27 May 2011, 10:38 am by Jeralyn
On indefinite detention: the President’s authority includes the authority to detain belligerents, including persons ... until the termination of hostilities. [read post]
11 Jul 2011, 4:59 am by Benjamin Wittes
The premise of the detention is that the individual detainee is merely an honorable arm of a state, who will demobilize when the dispute between his country and the capturing country gets resolved. [read post]
Following an unsuccessful appeal and asylum dismissal in February 2016, he was detained until his extradition to Russia in November 2017. [read post]
5 Jul 2013, 10:19 am by Wells Bennett
 Respondents insist that “[p]etitioners are not indefinitely detained,” but “are detained pursuant to the AUMF, as informed by the laws of war. [read post]
16 May 2014, 11:02 am by Lyle Denniston
The government stressed that it continues to follow the policy, in deciding which other country might be a destination for a detainee released from Guantanamo, that it will not send an individual to a country where there is a real prospect of the individual being tortured. [read post]
13 Feb 2009, 7:38 am
  Here is the definition (outlined by the government on Jan. 7, during the final days of the Bush Administration): “At a minimum, the President’s power to detain includes the ability to detain as enemy combatant those individuals  who were part of, or supporting, forces engaged in hostilities against the United States or its coalition partners and allies. [read post]
17 Feb 2011, 3:56 pm by Lyle Denniston
Fearing the “international spectacle” of a trial in which an individual convicted of terrorism would require U.S. government officials to defend their treatment of him during detention, a federal judge in South Carolina on Thursday dismissed all of the claims of torture and abuse during the captivity of a U.S. citizen, Jose Padilla. [read post]
30 Jul 2009, 2:11 pm by Sarnata Reynolds
While Congress has funded alternatives to detention because they have been shown to be effective and significantly less expensive than detaining people, there is concern that ICE is using these funds for programs such as electronic monitoring to supervise individuals who are eligible for release rather than for individuals who would otherwise be detained. [read post]
21 Nov 2011, 8:33 am by Benjamin Wittes
”  Unfortunately, this is the way that the U.S. government now detains people, based on secret intelligence and without judicial review, both at Guantanamo and at the U.S. [read post]
13 Jan 2012, 10:00 pm by Kenneth Anderson
Executive Order 13567, issued in March 2011, is titled “Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization for Use of Military Force. [read post]