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17 Jul 2011, 6:52 pm by Kevin Jon Heller
  And there is no question that IHRL does not permit the incommunicado detention of an individual — even one otherwise detainable — for two months, especially when that detention is preliminary to a criminal prosecution. [read post]
15 Jul 2011, 6:35 am by McNabb Associates, P.C.
Each of these robberies is alleged as an individual substantive count against two or more of the various defendants. [read post]
15 Jul 2011, 6:35 am by McNabb Associates, P.C.
Each of these robberies is alleged as an individual substantive count against two or more of the various defendants. [read post]
14 Jul 2011, 11:20 am by Benjamin Wittes
In other words, for those committed to ending non-criminal detention, a task force that reviewed individual cases risked taking its eye off the ball. [read post]
13 Jul 2011, 1:39 pm by Robert Chesney
 In other words, the MCA only withdraws habeas jurisdiction over individuals who are formally detained by the United States under the auspices of the AUMF. [read post]
13 Jul 2011, 1:01 pm by Steve Vladeck
 In other words, the MCA only withdraws habeas jurisdiction over individuals who are formally detained by the United States under the auspices of the AUMF. [read post]
13 Jul 2011, 11:31 am
Now that the Obama Administration is detaining more individuals than ever before, bonds and other alternatives to detention have become very important. [read post]
13 Jul 2011, 8:10 am by Larkin Reynolds
Circuit’s analysis of the second Boumediene factor and thus does not trigger entitlement to habeas review: Petitioners mischaracterize the United States’ detention policy both at Guantanamo Bay and Bagram as one of attempting to evade judicial review, based on the military’s apparent decision not to transfer individuals captured during the armed conflict to the United States or later to Guantanamo Bay, where habeas attaches. [read post]
12 Jul 2011, 12:27 pm by zshapiro
Bailey the Second Circuit Court of Appeals, last week, extended the permissible detention to an individual the officers saw drive away from the residence in order to allow them to follow and stop the individual. [read post]
11 Jul 2011, 12:05 pm by Robert Chesney
  He was detained en route by UAE security officials in Dubai, but allowed to continue on, arriving in Baghdad in late September. [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]
10 Jul 2011, 8:47 am by Steve Statsinger
July 6, 2011) (Cabranes, Pooler, Raggi, CJJ)In Michigan v Summers, 452 U.S. 602 (1981), the Supreme Court held that the Fourth Amendment permitted police officers to detain the occupant of a premises during the execution of a search warrant, without need for individualized suspicion of the person detained. [read post]
8 Jul 2011, 9:24 am by Tom Parker
Another individual detained with him has since been released. [read post]
7 Jul 2011, 8:01 pm
Those individuals believed to be a threat to security are directly targeted in the Secure Communities program, which is intended to weed out people with criminal records even though in practice many who are detained lack this requisite criminal history. [read post]
6 Jul 2011, 3:02 pm by The Editors
© Getty Images Guest post by Erica Schommer, border immigration attorney This May, in a police stop gone wrong, Benjamin Roldan Salinas and a companion were detained by the U.S. [read post]
We now need to turn our attention to the devastating indefinite detention provisions that the committee did include in the bill. [read post]