On Friday, June 26, 2020, the Supreme Court of the United States decided a Suspension Clause challenge to expedited immigration proceedings. In the widely anticipated judgment, the Court determined that no habeas could be brought as the original habeas petitioner was not in fact asking for the habeas relief of release. In so many words, [...]
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Supreme Court permits Guantanamo detainees' return to Algeria
The US Supreme Court on Friday declined to review the decision of a lower court permitting the government to transfer Guantanamo Bay detainee Farhi Saeed bin Mohammed to Algeria....
DC Circuit rules courts cannot prevent transfer of Uighur Guantanamo detainees
The US Court of Appeals for the DC Circuit ruled Tuesday that US courts cannot prevent the government from transferring detainees held at Guantanamo Bay to foreign countries on the grounds that...
Sharing a SOFA With Iraq: Towards a Status of Forces Agreement
JURIST Guest Columnist Kevin Govern of Ave Maria School of Law, Ann Arbor, MI, says that a viable Status of Forces Agreement (SOFA) and Strategic Framework Agreement between the US and Iraq governing future US troop presence in the country...
Supreme Court finds jurisdiction over citizens detained abroad by US military
The US Supreme Court ruled Thursday in the consolidated cases of Munaf v. Geren and Geren v. Omar that federal courts have jurisdiction over habeas corpus petitions filed by...
Supreme Court rules in Marcos assets, litigating agent, sentencing guideline cases
The US Supreme Court handed down five decisions Thursday, including Republic of the Philippines v. Pimentel , where the Court ruled that an interpleader action to determine ownership of assets...
Flag of Convenience? Bush Administration Toutings of International Law
JURIST Guest Columnist John Cerone of New England School of Law says that while we are accustomed to seeing the US president wrap himself in the US flag to avoid the restraints of international law, his posture in recent cases...
Sharon Bradford Franklin : "The Supreme Court heard oral argument today in Munaf v. Geren and Geren v. Omar, in which...
Supreme Court weighs federal habeas rights of US citizens held by military in Iraq
The US Supreme Court heard oral arguments Tuesday in the consolidated cases of Munaf v. Geren and Geren v. Omar , 06-1666, and 07-394, where the Court is...
No Refuge from Habeas: Protecting US Citizens Held by US Forces
JURIST Special Guest Columnist Sharon Bradford Franklin, senior counsel at the Constitution Project, amicus in the US Supreme Court in support of habeas petitioners Mohammed Munaf and Shawqi Omar in Munaf v. Geren and Geren v. Omar, says that American...