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In papers filed Friday, the government renewed its request for a summary affirmance, and opposed an attempt by habeas petitioner Mohammed Rimi to remand his appeal to the district court.
Rimi was transf...
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The government has advised the D.C. Circuit Court of Appeals that it may not have jurisdiction over a Guantanamo habeas appeal it is getting ready to hear. Last year, the government prevailed in the dist...
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Chief Judge Lamberth has granted the government’s motion to dismiss a first amended habeas petition filed by a Pakistani citizen held at Bagram, following the Circuit’s decision in al Maqaleh (and the su...
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District Judge Paul L.
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Back in June, I wrote a fairly lengthy post analyzing the ability of detainees in U.S. custody facing extradition or other involuntary transfer to a foreign sovereign to challenge their transfer pursuant...
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Writing at the New York Times web site, Eric Lewis of Lewis Baach, describes a human rights agenda for the Obama administration's second term:
First, he must release certain Guantánamo detainees, who hav...
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A sharply-divide en banc Seventh Circuit Court of Appeals has handed down its opinion in Vance v. Rumsefeld, reversing a panel decision to allow a suit by American citizens alleging detention and torture...
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The government has filed its its opening brief in the Second Circuit Hedges appeal. The introduction reads:
This suit is brought by a handful of journalists and activists who, based on their stated activ...
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I've been around this town long enough to know that Lawfare will not be the site that everyone is checking obsessively today. We're not going to have exit polls here, and this may well be the only time y...
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Last Friday, a Fourth Circuit panel issued a surprising decision in Yousuf v. Samantar, in which it concluded that “officials from other countries are not entitled to foreign official immunity for jus co...
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Andrew Kent of Fordham University School of Law has a challenging new essay out on whether Boumediene rights expire--arguing provocatively that they do, notwithstanding government concessions in habeas l...
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[Update (11:41 a.m.