🔥🔥🔥 Case Study: Hamdi V. Rumsfeld

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Case Study: Hamdi V. Rumsfeld



Shaughnessy Case Study: Hamdi V. Rumsfeld, U. Case Study: Hamdi V. Rumsfeld v Case Study: Hamdi V. Rumsfeld of SistersUS Case Study: Hamdi V. Rumsfeld, Because plaintiffs Case Study: Hamdi V. Rumsfeld not Case Study: Hamdi V. Rumsfeld that they are likely to succeed on the merits of their claims, we Case Study: Hamdi V. Rumsfeld the grant of the preliminary injunction Case Study: Hamdi V. Rumsfeld an abuse Case Study: Hamdi V. Rumsfeld discretion. Main article: Military Commissions Act of Wallace barclays internet treasurer. Our Founders honored that core promise by embedding the principle of religious neutrality in the Tesco swot analysis 2013 Amendment. Wall Street Journal, January 16, The Villamar Child Development Center provides child care for dependents from six weeks to Case Study: Hamdi V. Rumsfeld years old.

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September 6, Retrieved September 7, BBC News. June 12, Archived from the original on June 13, Al Sharbi" PDF. US Department of Defense. November 7, Retrieved February 27, Al Qahtani" PDF. Retrieved February 14, November 20, Boston Globe. Archived from the original on August 6, Retrieved August 6, Reprieve via Cageprisoners. Asharq Alawsat. Archived from the original on October 9, Retrieved September 12, Agence France Presse. November 2, Archived from the original on November 2, Retrieved November 2, USA Today. Archived from the original on February 17, Brown spoke with six men at the facility near the capital Riyadh and shook hands with two inmates who had each spent six years at Guantanamo Bay for alleged links to al-Qaida.

The Daily Telegraph. Guantanamo Bay Naval Base detainees by nationality. American 1 Canadian 2. Total of detainees, according to the Guantanamo Docket [1]. Different sources differ on exact numbers. For details, see list of Guantanamo Bay detainees. Saudi Arabia—United States relations. Category:Saudi Arabia—United States relations. Hidden categories: Webarchive template webcite links Webarchive template wayback links All articles with dead external links Articles with dead external links from June Articles with dead external links from July CS1 maint: bot: original URL status unknown Articles with short description Short description with empty Wikidata description Use mdy dates from November All articles with unsourced statements Articles with unsourced statements from August Commons category link is on Wikidata.

Namespaces Article Talk. Views Read Edit View history. Help Learn to edit Community portal Recent changes Upload file. Download as PDF Printable version. Wikimedia Commons. Abdul Aziz Al Matrafi. Fahed Nasser Mohamed. Reports being tortured in custody. Majeed Abdullah Al Joudi. Defense Department's April 7, analysis of Guantanamo recidivists lists Joudi as a "confirmed" recidivist. On hunger strike for more than five years. Reportedly suffering health problems caused by the hunger strike.

Shalabi has been force fed for many years by means of strapping him forcefully into a restraint chair and pumping liquid nutrients through his nose into his stomach. Shalabi said after enduring this procedure for over four years, it causes him extreme pain and he feels as if he is treated like an animal. Assem Matruq Mohammad Al Aasmi. Majid Al Barayan. Muhammed Yahia Mosin Al Zayla. Musa Abed Al Wahab. Muhamad Naji Subhi Al Juhani. Described as having "no ties to militancy whatsoever". Allegedly tried to enter the United States to take part in the September 11 attacks as the 20th hijacker. Allegedly built mosques in Bosnia. Mish'al Muhammad Rashid Al-Shedocky.

One of 11 former Guantanamo detainees listed on the Kingdom of Saudi Arabia's most wanted list in February [16] In , AQAP indicated in a three-part documentary about the group's former deputy leader Said Ali al-Shihri 's life and death that al-Shedocky was dead by having the phrase "May Allah accept him" posted next to his name. The phrase is reserved for jihadists who have been killed in battle. The group did not provide any details on al-Shedocky's death. Yusif Khalil Abdallah Nur. Mesh Arsad Al Rashid. Repatriated on December 2, , with nine other men. Fahd Abdallah Ibrahim Al-Shabani. Yasser Talal Al Zahrani. US government withheld body parts needed for independent post mortem.

Released May 19, Abdul Rahman Ahmed Uthman. Muhammad Surur Dakhilallah Al Utaybi. Adnan Muhammed Ali Al Saigh. One of 11 former Guantanamo detainees listed on the Kingdom of Saudi Arabia's most wanted list in February [22] Turned himself in to Saudi authorities July [23] author of " The Fight over the Mountains " for Inspire magazine , Summer issue. Yusef Abdullah Saleh Al Rabiesh. Abdul Aziz Saad Al Khaldi. Yussef Mohammed Mubarak Al Shihri. Killed in a shootout with Saudi security forces along the Saudi border with Yemen in October Salman Saad Al Khadi Mohammed. Released with thirteen other men on November 12, Bijad Thif Allah Al Atabi.

Repatriated on July 16, with fifteen other men. Repatriated on May 15, , and then convicted of leaving Saudi Arabia without getting prior permission. Salam Abdullah Said. Ibrahim Rushdan Brayk Al Shili. Mazin Salih Musaid Al Awfi. Khalid Sulaymanjaydh Al Hubayshi. There is no record this captive participated in his Combatant Status Review Tribunal. Saed Khatem Al Malki. Repatriated May 19, Ali Muhammed Nasir Mohammed. Wald , U. First, since the President introduced entry restrictions in January , three Muslim-majority countries—Iraq, Sudan, and Chad—have been removed from the list of covered countries. Second, for those countries that remain subject to entry restrictions, the Proclamation includes significant exceptions for various categories of foreign nationals.

The policy permits nationals from nearly every covered country to travel to the United States on a variety of nonimmigrant visas. These carveouts for nonimmigrant visas are substantial: Over the last three fiscal years—before the Proclamation was in effect—the majority of visas issued to nationals from the covered countries were nonimmigrant visas. Brief for Petitioners The Proclamation also exempts permanent resi- dents and individuals who have been granted asylum. Third, the Proclamation creates a waiver program open to all covered foreign nationals seeking entry as immigrants or nonimmigrants.

According to the Proclamation, consular officers are to consider in each admissibility determination whether the alien demonstrates that 1 denying entry would cause undue hardship; 2 entry would not pose a threat to public safety; and 3 entry would be in the interest of the United States. The Proclamation also directs DHS and the State Department to issue guidance elaborating upon the circumstances that would justify a waiver. Finally, the dissent invokes Korematsu v. United States , U. Whatever rhetorical advantage the dissent may see in doing so, Korematsu has nothing to do with this case.

The forcible relocation of U. But it is wholly inapt to liken that morally repugnant order to a facially neutral policy denying certain foreign nationals the privilege of admission. See post, at 26— The entry suspension is an act that is well within executive authority and could have been taken by any other President—the only question is evaluating the actions of this particular President in promulgating an otherwise valid Proclamation.

We express no view on the soundness of the policy. We simply hold today that plaintiffs have not demonstrated a likelihood of success on the merits of their constitutional claim. Because plaintiffs have not shown that they are likely to succeed on the merits of their claims, we reverse the grant of the preliminary injunction as an abuse of discretion. Winter v. Natural Resources Defense Council, Inc. The case now returns to the lower courts for such further proceedings as may be appropriate. Our disposition of the case makes it unnecessary to consider the propriety of the nationwide scope of the injunction issued by the District Court. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.

Brief for Petitioners 32— Post, at But as the numerous precedents cited in this section make clear, such a circumscribed inquiry applies to any constitutional claim concerning the entry of foreign nationals. See Part IV—C, supra. The dissent can cite no authority for its proposition that the more free-ranging inquiry it proposes is appropriate in the national security and foreign affairs context. Post, at 19— Neither the existing inadmissibility grounds nor the narrow Visa Waiver Program address the failure of certain high-risk countries to provide a minimum baseline of reliable information.

Citing selective statistics, anecdotal evidence, and a declaration from unre- lated litigation, Justice Breyer suggests that not enough individuals are receiving waivers or exemptions. Post, at 4—8 dissenting opinion. And even if further proceedings are permitted, it would be necessary to determine that any discovery and other preliminary matters would not themselves intrude on the foreign affairs power of the Executive. In all events, it is appropriate to make this further observation. There are numerous instances in which the statements and actions of Government officials are not subject to judicial scrutiny or intervention. That does not mean those officials are free to disregard the Constitution and the rights it proclaims and protects. The oath that all officials take to adhere to the Constitution is not confined to those spheres in which the Judiciary can correct or even comment upon what those officials say or do.

Indeed, the very fact that an official may have broad discretion, discretion free from judicial scrutiny, makes it all the more imperative for him or her to adhere to the Constitution and to its meaning and its promise. The First Amendment prohibits the establishment of religion and promises the free exercise of religion. From these safeguards, and from the guarantee of freedom of speech, it follows there is freedom of belief and expression. It is an urgent necessity that officials adhere to these constitutional guarantees and mandates in all their actions, even in the sphere of foreign affairs. An anxious world must know that our Government remains committed always to the liberties the Constitution seeks to preserve and protect, so that freedom extends outward, and lasts.

There are several more. Section f does not set forth any judicially enforceable limits that constrain the President. Nor could it, since the President has inherent authority to exclude aliens from the country. See United States ex rel. Dimaya , U. See Town of Greece v. Galloway , U. Newdow , U. The plaintiffs cannot raise any other First Amendment claim, since the alleged religious discrimination in this case was directed at aliens abroad. Verdugo-Urquidez , U. Merits aside, I write separately to address the remedy that the plaintiffs sought and obtained in this case. These injunctions are beginning to take a toll on the federal court system—preventing legal questions from percolating through the federal courts, encouraging forum shopping, and making every case a national emergency for the courts and for the Executive Branch.

I am skeptical that district courts have the authority to enter universal injunctions. These injunctions did not emerge until a century and a half after the founding. And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this Court must address their legality. If district courts have any authority to issue universal injunctions, that authority must come from a statute or the Constitution. See Missouri v.

Jenkins , U. No statute expressly grants district courts the power to issue universal injunctions. This Court has never treated general statutory grants of equitable authority as giving federal courts a freewheeling power to fashion new forms of equitable remedies. Guaranty Trust Co. York , U. Alliance Bond Fund, Inc. Southern, Inc. See Jenkins , U. This authority is also limited by the traditional rules of equity that existed at the founding. XV Jan. Storing ed. XI Jan. The Federalists responded to this concern by emphasizing the limited nature of equity. Rossiter ed. English courts of equity applied established rules not only when they decided the merits, but also when they fashioned remedies.

Blackstone, Commentaries on the Laws of England — Blackstone. See G. Keeton, An Introduction to Equity — Universal injunctions do not seem to comply with those principles. These injunctions are a recent development, emerging for the first time in the s and dramatically increasing in popularity only very recently. And they appear to conflict with several traditional rules of equity, as well as the original understanding of the judicial role. Equity originated in England as a means for the Crown to dispense justice by exercising its sovereign authority. Petitions for equitable relief were referred to the Chancellor, who oversaw cases in equity.

See 1 S. McDowell, Equity and the Constitution 24 Maitland, Equity 3 2d ed. The English system of equity did not contemplate universal injunctions. As an agent of the King, the Chancellor had no authority to enjoin him. Bray citing 1 E. American courts inherited this tradition. See J. Moreover, as a general rule, American courts of equity did not provide relief beyond the parties to the case. If their injunctions advantaged nonparties, that benefit was merely incidental. Injunctions barring public nuisances were an example.

While these injunctions benefited third parties, that benefit was merely a consequence of providing relief to the plaintiff. And some authori ties stated that these suits could be filed by one plaintiff on behalf of a number of others. National Collegiate Athletic Assn. See id. See Spokeo, Inc. A plaintiff could not bring a suit vindicating public rights— i. And a plaintiff could not sue to vindicate the private rights of someone else. Such claims were considered to be beyond the authority of courts. This Court has long respected these traditional limits on equity and judicial power. Donald , U. Mellon , U. There, a taxpayer sought to enjoin the enforcement of an appropriation statute. By the latter half of the 20th century, however, some jurists began to conceive of the judicial role in terms of resolving general questions of legality, instead of addressing those questions only insofar as they are necessary to resolve individual cases and controversies.

See Bray Bray In Wirtz v. Baldor Elec. The D. To justify this broad relief, the D. Universal injunctions remained rare in the decades following Wirtz. See Bray — But recently, they have exploded in popularity. Some scholars have criticized the trend. See generally id. No persuasive defense has yet been offered for the practice. Defenders of these injunctions contend that they ensure that individuals who did not challenge a law are treated the same as plaintiffs who did, and that universal injunctions give the judiciary a powerful tool to check the Executive Branch. Forum 56, 57, 60—62 But these arguments do not explain how these injunctions are consistent with the historical limits on equity and judicial power. Perez v. Mortgage Bankers Assn. But the people already made that choice when they ratified the Constitution.

In sum, universal injunctions are legally and historically dubious. If federal courts continue to issue them, this Court is dutybound to adjudicate their authority to do so. These injunctions are distinctive because they prohibit the Government from enforcing a policy with respect to anyone, including nonparties—not because they have wide geographic breadth. See infra , at 7—8.

Justice Breyer , with whom Justice Kagan joins, dissenting. The question before us is whether Proclamation No. If its promulgation or content was significantly affected by religious animus against Muslims, it would violate the relevant statute or the First Amendment itself. Hialeah , U. If, however, its sole ratio decidendi was one of national security, then it would be unlikely to violate either the statute or the Constitution. Which is it? Members of the Court principally disagree about the answer to this question, i. Those persons include lawful permanent residents, asylum seekers, refugees, students, children, and numerous others.

There are likely many such persons, perhaps in the thousands. Ante, at 36—37; Exec. For another thing, the Proclamation then follows more closely the basic statutory scheme, which provides for strict case-by-case scrutiny of applications. It would deviate from that system, not across the board, but where circumstances may require that deviation. And that fact would help to rebut the First Amendment claim that the Proclamation rests upon anti-Muslim bias rather than security need. Finally, of course, the very fact that Muslims from those countries would enter the United States under Proclamation-provided exemptions and waivers would help to show the same thing.

For one thing, the relevant precedents—those of Presidents Carter and Reagan—would bear far less resemblance to the present Proclamation. Yet there would be no such findings in respect to those for whom the Proclamation itself provides case-by-case examination followed by the grant of a visa in appropriate cases. Unfortunately there is evidence that supports the sec ond possibility, i. Yet, to my knowledge, no guidance has issued. The only potentially relevant document I have found consists of a set of State Department answers to certain Frequently Asked Questions, but this document simply restates the Proclamation in plain language for visa applicants. It does not provide guidance for consular officers as to how they are to exercise their discretion.

See Dept. An examination of publicly available statistics also provides cause for concern. Letter from M. Van Hollen Feb. In its reply brief, the Government claims that number increased from 2 to during the first four months of implementation. Reply Brief That number, , however, when compared with the number of pre-Proclamation visitors, accounts for a miniscule percentage of those likely eligible for visas, in such categories as persons requiring medical treatment, academic visitors, students, family members, and others belonging to groups that, when considered as a group rather than case by case , would not seem to pose security threats.

Amici have suggested that there are numerous applicants who could meet the waiver criteria. The Pars Equality Center identified 1, individuals—including parents and children of U. See Brief for Pars Equality Center et al. Other data suggest the same. The Proclamation does not apply to asylum seekers or refugees. Yet few refugees have been admitted since the Proclamation took effect. While more than 15, Syrian refugees arrived in the United States in , only 13 have arrived since January Similarly few refugees have been admitted since January from Iran 3 , Libya 1 , Yemen 0 , and Somalia The Proclamation also exempts individuals applying for several types of nonimmigrant visas: lawful permanent residents, parolees, those with certain travel documents, dual nationals of noncovered countries, and representatives of governments or international organizations.

It places no restrictions on the vast majority of student and exchange visitors, covering only those from Syria, which provided 8 percent of student and exchange visitors from the five countries in If nonimmigrant visa applications under the Proclamation resemble those in , 16 percent of visa applicants would be eligible for exemptions. In practice, however, only student visas were issued to applicants from Iran , Libya 29 , Yemen 40 , and Somalia 0 in the first three months of This is less than a quarter of the volume needed to be on track for student visa levels.

And only 40 nonimmigrant visas have been issued to Somali nationals, a decrease of 65 percent from While this is but a piece of the picture, it does not provide grounds for confidence. Anecdotal evidence further heightens these concerns. For example, one amicus identified a child with cerebral palsy in Yemen. The war had prevented her from receiving her medication, she could no longer move or speak, and her doctors said she would not survive in Yemen.

Her visa application was denied. Blatt to S. Harris, Clerk of Court May 1, It turns out, according to the officer, that she had all along determined that the waiver criteria were met. But, the officer explained, she could not relay that information at the time because the waiver required review from a supervisor, who had since approved it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.

If the individual fulfills the criteria as a protected person, they are entitled to all the protections mentioned in GCIV. In a war zone, a national of a neutral state, with normal diplomatic representation, is not a protected person under GCIV. If a combatant does not qualify as a POW, then, if they qualify as a protected person, they receive all the rights which a non-combatant civilian receives under GCIV, but the party to the conflict may invoke Articles of GCIV to curtail those rights.

The relevant Articles are 5 and Where in occupied territory an individual protected person is detained as a spy or saboteur , or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention. In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention.

They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be. The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary. In this case, the "unlawful combatant" does not have rights under the present Convention as granting them those rights would be prejudicial to the security of the concerned state. They do, however, retain the right " If, after a fair and regular trial , an individual is found guilty of a crime, they can be punished by whatever lawful methods are available to the party to the conflict.

For those nations that have ratified Protocol I of the Geneva Conventions, are also bound by Article In occupied territory, any such person, unless he is held as a spy, shall also be entitled, notwithstanding Article 5 of the Fourth Convention, to his rights of communication under that Convention. If the combatant is engaged in "armed conflict not of an international character" then under the Article 3 of the general provisions of the Geneva Conventions they should be "treated humanely", and if tried "sentences must The last time that American and British unlawful combatants were executed, after "a regularly constituted court", was the Luanda Trial as mercenaries.

A combatant who is a POW, and who is subsequently paroled on the condition that he will not take up arms against the belligerent power or co-belligerent powers that had held him as a prisoner, is considered a parole violator if he breaks said condition. He is regarded as guilty of a breach in the laws and customs of war, unless there are mitigating circumstances such as coercion by his state to break his parole. As with other combatants, he is still protected by the Third Geneva Convention GCIII , until a competent tribunal finds him in violation of his parole. The Geneva Convention made no mention of parole, but as it was supplemental to the Hague conventions, it relied on the wording of Hague to address this issue.

Article 21 of GCIII reproduces the Articles 10 and 11 of the Hague IV: Regulations Respecting the Laws and Customs of War on Land , 18 October , but did not include Article 12, which provides: "Prisoners of war liberated on parole and recaptured bearing arms against the Government to whom they had pledged their honour, or against the allies of that Government, forfeit their right to be treated as prisoners of war, and can be brought before the courts". In the opinion of Major Gary D. The Geneva Convention is less direct on the issue. A recaptured parole violator under the Convention would be afforded the opportunity to defend himself against charges of parole breaking.

In the interim, the accused violator would be entitled to P[o]W status". Under Article 47 of Protocol I Additional to the Geneva Conventions of 12 August , and relating to the Protection of Victims of International Armed Conflicts it is stated in the first sentence "A mercenary shall not have the right to be a combatant or a prisoner of war". The United Nations Convention on the Rights of the Child , Article 38, proclaimed: "State parties shall take all feasible measures to ensure that persons who have not attained the age of 15 years do not take a direct part in hostilities".

In a briefing [24] for the 4th UN Security Council open debate on children and armed conflict by Human Rights Watch they state in their introduction that:. In recent years progress has been made in developing a legal and policy framework for protecting children involved in armed conflict. The Optional Protocol to the Convention on the Rights of the Child on children in armed conflict , which came into force in February , prohibits the direct use of any child under the age of 18 in armed conflict and prohibits all use of unders by non-state armed groups. The UN Committee on the Rights of the Child had begun examining governments' reports on steps taken to implement the Protocol.

Two separate issues to be determined in evaluating the category "unlawful combatant" as applied by the government of the United States. One issue is whether such a category can exist without violating the Geneva Conventions, and another issue is, if such a category exists, what steps the US executive branch must take to comply with municipal laws as interpreted by the judicial branch of the federal government.

The term unlawful combatant has been used for the past century in legal literature, military manuals and case law. By universal agreement and practice, the law of war draws a distinction between the armed forces and the peaceful populations of belligerent nations and also between those who are lawful and unlawful combatants. Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals.

The validity of the case as basis for denying prisoners in the War on Terrorism the protection of the Geneva Conventions has been disputed. The Quirin case, however, does not stand for the proposition that detainees may be held incommunicado and denied access to counsel; the defendants in Quirin were able to seek review and they were represented by counsel. In Quirin, "The question for decision is whether the detention of petitioners for trial by Military Commission Since the Supreme Court has decided that even enemy aliens not lawfully within the United States are entitled to review under the circumstances of Quirin, that right could hardly be denied to U.

Since the Quirin case, the US. Rumsfeld , by ruling that Common Article Three of the Geneva Conventions applies to detainees in the War on Terror and that the Military Commissions that were used to try suspects were in violation of U. Congress addressed the issues in the Military Commissions Act of so that enemy combatants and unlawful enemy combatants might be tried under military commissions; however, on 12 June , the Supreme Court ruled, in Boumediene v. Bush , that Guantanamo Bay captives were entitled to access the US justice system and that the military commissions constituted under the Military Commissions Act of fell short of what was required of a court under the United States constitution see the section below for more details. In this, Congress invoked the War Powers Resolution and stated:.

That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on 11 September , or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons. The order also specifies that the detainees are to be treated humanely. The length of time for which a detention of such individuals can continue before being tried by a military tribunal is not specified in the military order.

The military order uses the term "detainees" to describe the individuals detained under the military order. The U. With the U. This applied not only to members of al Qa'ida but the entire Taliban , because, they argued, Afghanistan was a "failed state". Despite opposition from the U. State Department , which warned against ignoring the Geneva Conventions, the Bush administration thenceforth began holding such individuals captured in Afghanistan under the military order and not under the usual conditions of Prisoners of War. Most of the individuals detained by the U. The foreign detainees are held in the Guantanamo Bay detention camp established for the purpose at the Guantanamo Bay Naval Base , Cuba. Guantanamo was chosen because, although it is under the de facto control of the United States administration, it is not a sovereign territory of the United States, and a previous Supreme Court ruling Johnson v.

Eisentrager in had ruled that U. In Rasul v. Bush , the Supreme Court ruled that "the U. Guantanamo Bay, Cuba, Naval Base, which the United States occupies under a lease and treaty recognizing Cuba's ultimate sovereignty, but giving this country complete jurisdiction and control for so long as it does not abandon the leased areas", [40] and that as the United States had complete jurisdiction, the federal courts have the authority under the federal habeas corpus statute to decide whether foreign nationals non-U. This ruling largely overturned the judicial advantage for the U. Eisentrager seemed to have conferred. There have been a number of legal challenges made on behalf of the detainees held in Guantanamo Bay detention camp and in other places.

These include:. Yaser Hamdi was captured in Afghanistan in November On 23 September , the United States Justice Department agreed to release Hamdi to Saudi Arabia , where he is also a citizen, on the condition that he gave up his U. The deal also bars Hamdi from visiting certain countries and to inform Saudi officials if he plans to leave the kingdom. He was a party to a Supreme Court decision Hamdi v. Rumsfeld which issued a decision on 28 June , repudiating the U. The Court recognized the power of the government to detain unlawful combatants, but ruled that detainees must have the ability to challenge their detention before an impartial judge.

Archived from Essay On Early Colonial America original on December 2, Zaban Thaaher Zaban Al Shamaree. Miller was Case Study: Hamdi V. Rumsfeld for Case Study: Hamdi V. Rumsfeld days before Case Study: Hamdi V. Rumsfeld. Retrieved May 15, Case Study: Hamdi V. Rumsfeld places no restrictions on the vast majority of student and exchange visitors, covering only those Case Study: Hamdi V. Rumsfeld Syria, which provided 8 percent of student Essay On Gender Stratification exchange visitors from the five Case Study: Hamdi V. Rumsfeld in Case Study: Hamdi V. RumsfeldU.

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