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26 Sep 2017, 10:37 am by Kevin Johnson
Salerno, from 1987 (upholding pretrial detention of criminal defendants only after individualized findings of dangerousness or flight risk at bond hearings); Foucha v. [read post]
26 Sep 2017, 8:30 am
Even worse, prolonged detention causes many individuals to give up strong challenges to deportation — which they might have won — because they can’t endure the hardship of being locked up. [read post]
26 Sep 2017, 8:30 am
Even worse, prolonged detention causes many individuals to give up strong challenges to deportation — which they might have won — because they can’t endure the hardship of being locked up. [read post]
22 Sep 2017, 2:00 pm
And indeed, the Supreme Court has to date only upheld the military’s power to detain individuals under the AUMF if captured while fighting on a battlefield in Afghanistan. [read post]
15 Sep 2017, 10:38 am by Garrett Hinck
Separately, an American citizen fighting for the Islamic State was detained by the Department of Defense as an enemy combatant, the Daily Beast reported. [read post]
11 Sep 2017, 9:45 am
A reversal by the Supreme Court would permit individuals to be held without due process in a broken and brutal detention system. [read post]
4 Sep 2017, 7:00 am by Nora Ellingsen
Before being held in the U.S., the defendant was detained for three months by Kurdish authorities. [read post]
29 Aug 2017, 6:48 am by Lindsay Offutt
The TRUST Act will not, however, prevent detention of these individuals when... [read post]
28 Aug 2017, 1:00 pm
Other records subject to destruction include alternatives to detention programs; regular detention monitoring reports, logs about the people detained in ICE facilities and communications from the public reporting detention abuses. [read post]
22 Aug 2017, 8:45 am
The Justice Department also found that his office “engaged in a pattern or practice of retaliating against individuals for exercising their First Amendment right to free speech,” as deputies tried “to silence individuals who have publicly spoken out and participated in protected demonstrations” against Arpaio. [read post]
14 Aug 2017, 11:00 am
All children deserve the right to understand why they are being detained and a process to contest their detention before they are taken hundreds or thousands of miles away from their families. [read post]
14 Aug 2017, 11:00 am
All children deserve the right to understand why they are being detained and a process to contest their detention before they are taken hundreds or thousands of miles away from their families. [read post]
7 Aug 2017, 4:00 am by Jeff Welty
Minn. 2017) (in a civil suit by an individual detained for 10 days pursuant to an immigration detainer, the court stated that detainers “do not categorically provide law enforcement a constitutionally permissible predicate for an arrest,” though it found that detention may be permissible if a warrant is issued or if there is evidence that the subject is likely to escape if not detained); Morales v. [read post]
2 Aug 2017, 9:43 am
’ According to Aguirre, his `standing argument is based on his right not to be detained past a point that is constitutionally permissible. [read post]
25 Jul 2017, 8:00 am
We will continue to gather information on each Iraqi national detained and work to connect them to an immigration attorney. [read post]
21 Jul 2017, 3:51 am by SHG
.* The former is based on the ramifications of detention, from its disparate impact on minorities and the poor, and the latter because we’re spending an enormous amount of money detaining people who can’t afford $1000 bail. [read post]
12 Jul 2017, 12:11 pm by Ilya Somin
Yet, as Chapman shows, both Congress and the executive branch consistently concluded that pirates could not be detained and punished without being afforded due process of law, including a trial in a regularly constituted federal court…. [read post]
10 Jul 2017, 10:10 am by Ashley Deeks
Then-Legal Adviser John Bellinger (with Vijay Padmanabhan) flagged four critical questions for which IHL fails to provide clear guidance: which individuals in non-international armed conflicts (NIACs) are subject to detention; what legal process states must provide to those detained; when a state’s right to detain terminates; and what legal obligations states have when repatriating detainees at the end of detention. [read post]
30 Jun 2017, 9:30 am
As Justice Breyer noted in dissent, this is particularly troubling in a case involving national security issues, both because individuals often face insurmountable barriers to getting into court while detained, as was the case here, and because after the fact courts can review the cases with the perspective and deliberation that promotes good judgment. [read post]