Habeas Corpus

× Clear Filters
55 Articles
Two hands tightly holding the bars of a jail cell.

Judge Chutkan’s Ruling on the Unidentified U.S. Citizen Detainee

Late Saturday night, Judge Tanya S. Chutkan ruled that the Department of Defense must allow the ACLU Foundation “immediate and unmonitored access” to the U.S. citizen…

Episode 50 of the National Security Law Podcast: The Big Chill

Are your other podcasts letting you down by taking a holiday break?  Never fear, National Security Law Podcast is here! With two hosts who would much rather be podcasting than…

DOJ Evades the Key Question in the Case of the Unnamed Citizen Detainee

On Thursday morning, in the ACLU Foundation v. Mattis case, Judge Tanya Chutkan ordered the government to inform the court by 5:00 p.m. whether the unnamed U.S. citizen detainee…

Three Quick Observations on the U.S. Citizen ISIL Detainee

1. Like Bobby Chesney, I fully expected that “John Doe”–the U.S. citizen who the military currently is detaining in Iraq–would be “en route to the…
Just Security

Third Circuit Holds Suspension Clause Does Not Apply to Non-Citizens Physically (But Not Lawfully) Present in the United States

In a breathtaking 80-page opinion handed down today in Castro v. U.S. Dep’t of Homeland Security, a unanimous panel of the Third Circuit has held that the Suspension Clause…
Just Security

Engines of Liberty: How Civil Society Helped Restore Constitutional Rights in the Aftermath of 9/11

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Just Security

What explains the three-year delay on the Slahi habeas petition?

As Ben Wittes notes over at Lawfare, last week Judge Royce Lamberth denied a motion by habeas petitioner Mohamedou Ould Slahi to require the Department of Defense to expedite…
Just Security

The Government’s Surprising (and Flawed) New Attack on Habeas Corpus in Immigration Cases

These days, most discussions of the US Constitution’s Suspension Clause — and the entitlement to judicial review that it codifies — center upon non-citizen terrorism suspects…
Just Security

Are Cross-Border Shootings Heading to the Supreme Court?

Two weeks ago, I wrote about an important new decision by the US District Court for the District of Arizona, holding that the Fourth Amendment does apply to the cross-border shooting…
Just Security

Cross-Border Shootings as a Test Case for the Extraterritorial Fourth Amendment

Ever since the Supreme Court’s 2008 decision in Boumediene v. Bush, courts and commentators alike have wondered about the relationship between the functional approach…
Just Security

Three Problems With Judge Brown’s Opinion in Tuaua

On Friday, I promised to write more about the D.C. Circuit’s decision in Tuaua v. United States, in which the three-judge panel (Brown, Silberman, & Sentelle, JJ.)…
Just Security

al Warafi’s active hostilities

As Marty Lederman’s earlier post explains, a D.C. district court is now considering the habeas petition of Guantanamo detainee Mukhtar Yahia Naji al Warafi, found in an earlier…
1-12 of 55 items

DON'T MISS A THING. Stay up to date with Just Security curated newsletters: