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6/29: Civil Liberties Update: Supreme Court Rulings on Detainee Rights

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    Civil Liberties Update: Supreme Court Rulings on Detainee Rights June 29, 2004 National Immigrant Solidarity Network No Immigrant Bashing! Support Immigrant
    Message 1 of 1 , Jun 29, 2004
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      Civil Liberties Update: Supreme Court Rulings on Detainee Rights
      June 29, 2004
      National Immigrant Solidarity Network
      No Immigrant Bashing! Support Immigrant Rights!
      webpage: http:www.ImmigrantSolidarity.org
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      From National Immigration Forum
      Shoba Sivaprasad ssivaprasad@...
      This e-mail contains information on the following Supreme Court Rulings:
      Al Odah v. United States and Rasul v. Bush (Guantanamo Cases)
      Hamdi v. Rumsfeld (Enemy Combatant Case)
      Rumsfeld v. Padilla (Enemy Combatant Case)
      Shoba Sivaprasad, Esq.
      Senior Policy Associate
      National Immigration Forum
      50 F. Street, NW, Suite 300
      Washington, D.C. 20001
      main: (202)-347-0047
      fax: (202)-347-0058
      ssivaprasad@...
      Our website has been expanded and reorganized at
      http://www.immigrationforum.org/. We have a NEW website devoted to immigrant integration-related issues.
      Check out the Community Resource Bank at http://communityresourcebank.org/.
      ________________________________________________________________________
      Al Odah v. United States and Rasul v. Bush: The issue presented in these two
      cases was “whether United States courts lack jurisdiction to consider
      challenges to the legality of the detention of foreign nationals captured abroad in
      connection with hostilities and incarcerated at the Guantanamo Bay Naval Base,
      Cuba.” The Court ruled 6-3 that the nearly 600 non-citizens detained at the
      U.S. military base at Guantanamo Bay have the right to challenge their detention
      in American courts. Writing for the majority, Justice John Paul Stevens said
      "What is presently at stake is only whether the federal courts have
      jurisdiction to determine the legality of the executive’s potentially indefinite
      detention of individuals who claim to be wholly innocent of wrongdoing. Answering
      that question in the affirmative, we reverse the judgment of the Court of Appeals
      and remand for the District Court to consider in the first instance the
      merits of petitioners’ claims."
      Link to Decision: http://supct.law.cornell.edu/supct/html/03-334.ZS.html
      ***
      Hamdi v. Rumsfeld: In this case, the Court considered “the legality of the
      Government’s detention of a United States citizen on United States soil as an ‘
      enemy combatant’ and …the process that is constitutionally owed to one who
      seeks to challenge his classification as such.” Eight Justices in three
      opinions rejected the government’s position that a U.S. citizen could be held
      indefinitely as an enemy combatant without a meaningful opportunity to contest his
      detention. In her plurality opinion, Justice Sandra Day O'Connor said: "We hold
      that although Congress authorized the detention of combatants in the narrow
      circumstances alleged here, due process demands that a citizen held in the
      United States as an enemy combatant be given a meaningful opportunity to contest
      the factual basis for that detention before a neutral decisionmaker.”
      Link to Decision: http://supct.law.cornell.edu/supct/html/03-6696.ZS.html
      ***
      Rumsfeld v. Padilla: The issues presented in this case were: “First, did
      Padilla properly file his habeas petition in the Southern District of New York;
      and second, did the President possess authority to detain Padilla militarily.”
      Writing for the majority, Chief Justice William Renquist ruled that Padilla
      improperly filed his habeas corpus petition and for this reason, the Court could
      not reach the substantive question about the legality of Padilla’s detention.
      Link to Decision: http://supct.law.cornell.edu/supct/html/03-1027.ZS.html
      ________________________________________________________________________
      Notable Press and Resources on the Supreme Court Rulings

      American Civil Liberties Union
      http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=16019&c=280
      American-Arab Anti-Discrimination Committee
      http://www.adc.org/index.php?id=2257
      Council on American-Islamic Relations
      http://www.cair-net.org/asp/article.asp?id=1093&page=NR
      Center for Constitutional Rights
      http://www.ccr-ny.org/v2/reports/report.asp?ObjID=VLDpxLxfHr&Content=402
      Human Rights Watch
      http://hrw.org/english/docs/2004/06/28/usdom8969.htm
      Human Rights First
      http://www.humanrightsfirst.org/media/2004_alerts/0628_omni.htm
      Lead Editorial from Washington Post
      http://www.washingtonpost.com/wp-dyn/articles/A13561-2004Jun28.html
      Statement by DOJ Public Affairs Director Mark Corallo
      http://www.usdoj.gov/opa/pr/2004/June/04_opa_455.htm


      National Immigrant Solidarity Network
      No Immigrant Bashing! Support Immigrant Rights!
      webpage: http:www.ImmigrantSolidarity.org


      August 27 Immigrant Workers Day of Action and Speak Out!
      Part of the week-long Counter RNC Mobilization in New York City
      Friday, August 27 11:00 AM - 7:00 PM
      New York City, NY
      Web: http:www.ImmigrantSolidarity.org
      Information Hotline: (212)330-8172
      Sponsered by National Immigrant Solidarity Network


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