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31 May 2013, 4:40 am
During the course of the secondary inspection, Cruz Lopez was patted down, fingerprinted and “handcuffed and sent to a van to be transported with other individuals to jail. [read post]
14 Apr 2022, 8:31 am
Specifically, administration officials ground their authority to detain these individuals in Congress’ 2001 Authorization for Use of military Force (AUMF) and the 2012 National Defense Authorization Act (NDAA), which in turn reflect the principle that detention within an armed conflict may continue for the duration of hostilities, and therefore does not require the traditional guarantees of due proce [read post]
3 Mar 2011, 9:05 pm
The UT did not find the respondent’s argument persuasive however and stated its belief that, from the perspective of the detained person, it could not necessarily be said that prison disciplinary proceedings had more severe consequences given that mental health appeals involve the liberty of the individual. [read post]
27 May 2012, 4:07 pm
The extradition did not go to his detention; the fact that he was detained was incidental to the extradition. [read post]
3 Apr 2012, 8:36 am
The following individual typifies why such assessments have been made. [read post]
19 Mar 2018, 9:50 am
Rodriguez that the Immigration and Nationality Act does not give noncitizens who have been detained the right to periodic bond hearings. [read post]
16 May 2011, 1:38 am
Runnalls, meanwhile, appealed on the grounds that his continued detention was unreasonable. [read post]
1 Jun 2011, 7:46 am
Al-Kidd, the Supreme Court unanimously ruled that former Attorney General John Ashcroft was entitled to qualified immunity against a federal lawsuit alleging that Ashcroft ordered the use of material witness warrants as a pretext for detaining terrorism suspects against whom there was insufficient evidence to justify detention for crime. [read post]
23 Mar 2012, 9:14 am
” But that, too, is to be doubted, since our courts do not hesitate to pass judgment on Convention compliance of other signatory countries if it affects the rights of the individual or individuals before them: see my post on the Naftogaz case. [read post]
21 May 2009, 4:23 pm
" Obama wants to detain dangerous individuals consistent with the "rule of law," but Bush did the same thing, although he called detainees "enemy combatants. [read post]
8 Sep 2015, 1:19 pm
The general prosecution or the designated investigating authority has the right to extend the detention period to seven days. [read post]
11 Jan 2008, 7:54 am
In what appears to be the first federal appeals court decision on the legality of harsh interrogation techniques used by U.S. agents on terrorism suspects, the Circuit Court ruled that torture and abuse that was used while individuals were in detention in a military prison as part of interrogations to gather intelligence or information were “the type of conduct the defendants were employed to engage in….The alleged tortious conduct was incidental to the… [read post]
17 Jun 2022, 4:32 pm
The Manipur High Court found that the detaining authority had not supplied Wangkhem the copies of Facebook posts and compact disc containing the videos uploaded by him, thereby preventing the journalist from making an effective representation against the detention order. [read post]
26 Apr 2012, 12:48 pm
The police cannot be allowed to use the loitering and prowling statute to detain an individual for another offense for which probable cause is lacking and then use the fruits of the unlawful detention as evidence that the individual committed the other offense. . . . [read post]
12 Jan 2021, 10:18 am
Hughes acknowledged that his argument would not apply to noncitizens if there was a third country available, because the United States would expeditiously remove individuals to those countries, and there would be no question of detention. [read post]
14 May 2007, 8:49 am
The detention hearings implicitly approved by Congress last October are unnecessarily error-prone. [read post]
4 Jan 2013, 8:00 am
Rather than being cowed by a popular President during wartime and failing to protect individual rights—as standard accounts of judicial behavior during wartime would predict— I argue that the Court wanted to and did demonstrate its independence by rejecting the President’s contention that the detained individuals’ habeas claims could not be heard. [read post]
17 Feb 2016, 2:28 pm
The al-Kidd Case At issue in al-Kidd was the government's controversial use of the material witness statute as an (allegedly) pretextual basis for detaining terrorism suspects against whom it did not have sufficient evidence to bring criminal charges. [read post]
3 Oct 2020, 1:38 pm
Those criteria may include abusive behavior toward family and there may be good reason to detain any given individual (so spare me the parade of anecdotes in the comments, I get it). [read post]
19 Mar 2024, 4:41 am
The attorneys general of Texas and Louisiana swiftly challenged these enforcement priorities , arguing that ICE would be allowed to overlook noncitizens for whom detention was required, which would subject the citizens of these states to crime committed by noncitizens who should be in detention, and force the state to spend resources providing education and medical care to noncitizens who should be detained.. [read post]
