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27 Apr 2014, 4:06 am
He suggests that perhaps counsel ought to consider arguing that proof of membership in al Qaeda or Taliban forces is not enough to trigger AUMF authority to detain — that perhaps the government might also need to show that the individual “engaged in an armed conflict against the United States” (or perhaps even, narrower still, that he engaged in such an armed conflict in Afghanistan). [read post]
15 May 2023, 3:52 pm
Ohio (1968) 392 U.S. 1., where that court held that an officer may conduct a brief investigative detention when there is reasonable suspicion that the individual stopped is armed or where the officer suspects criminal activity is afoot. [read post]
9 Oct 2017, 2:02 pm
Mulligan, the deputy director of the National Counterterrorism Center, said he presumed that the individual would probably be charged with material support to terrorism. [read post]
21 Nov 2011, 11:09 am
Unfortunately, the extradition process can be sloppy and time consuming and defendants are often subjected to lengthy detention while the two different jurisdictions attempt to coordinate the transfer of an individual back to the demanding state. [read post]
13 Feb 2018, 11:30 am
The longer CBP detains you the more suspicion they need — eventually they will need probable cause once the detention goes from brief to prolonged. [read post]
27 May 2011, 10:20 am
” Litigation in lower federal courts since then has reached some stasis regarding who else beyond the individuals described in Hamdi could be detained, and (although less clearly) how IHL informs this conclusion. [read post]
12 Apr 2018, 3:45 pm
NYCLU sued the Office of Refugee Resettlement (ORR) in February for indefinitely detaining dozens of immigrant children who had been placed in restrictive detention facilities. [read post]
27 Feb 2019, 2:30 pm
We also call on ICE to be transparent and report publicly about how, where, and why each individual was detained during the operation. [read post]
27 Feb 2011, 10:42 pm
It is very much an open question whether the AUMF does (and constitutionally could) authorize the detention of individuals, especially U.S. persons, who are apprehended within the United States and alleged to be enemy forces, among the persons covered by the terms of the AUMF. [read post]
12 Mar 2018, 12:45 pm
AB 103 expands state oversight of California’s local detention facilities when they hold people under contracts with ICE because federal oversight of the ICE detention system is woefully inadequate. [read post]
22 Aug 2007, 3:21 pm
., and the prolonged detention afterward in a military prison, of a civilian suspected of terrorist ties. [read post]
29 Apr 2010, 10:01 pm
The Claimant was detained pending his deportation; his challenge was brought against that deportation. [read post]
21 Jun 2019, 1:30 pm
Those consequences include detention, deportation, and loss of opportunity for individuals to adjust their immigration status. [read post]
14 Mar 2017, 6:00 am
Trump’s executive order has no effect on a city that prohibits its employees from (a) personally detaining individuals based on their immigration status, or (b) transporting or facilitating the transfer of individuals in its custody to ICE. [read post]
5 Apr 2018, 3:17 pm
Eskinder, together with Zone 9 bloggers Mahlet Fantahun and Fekadu Mehatemework, online writers Zelalem Workagegnhu and Befiqadu Hailu, and six others were seized and detained without charge. [read post]
5 Feb 2014, 9:52 am
The police are not allowed to detain someone for investigation without consent or specific evidence that the person is involved in criminal activity. [read post]
Immigration Enforcement costs more than all other federal criminal law enforcement agencies combined
8 Jan 2013, 6:02 am
The nearly 430,000 non-citizens detained in the immigration detention system in FY 2011 exceeded the number serving sentences in federal Bureau of Prisons facilities for all other federal crimes. [read post]
17 Mar 2009, 8:42 pm
At a more concrete level, the most fundamental question posed by the detention of individuals at Guantanamo Bay can be stated simply: In what circumstances can the United States lawfully detain individuals on the ground that they might pose a danger to the nation? [read post]
22 Jun 2009, 5:18 pm
Under Judge Leon’s version of the military’s detention authority, an individual can be legally held as an “enemy combatant” if he “was part of or supporting Taliban or al Qaeda forces. [read post]
5 Jul 2011, 6:40 pm
But if his case were fully handled by the laws of war model, he would remain in detention, in long-term military custody (although where he would be detained for more long-term purposes would be an enormous problem for the administration). [read post]
