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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/refoforrel0010 and id is 1 raw text is: THE FOREIGN RELATIONS LAW OF THE UNITED STATES 4TH PART IV. JURISDICTION, STATE IMMUNITY, AND JUDGMENTS CHAPTER 1. PRESCRIPTION SUBCHAPTER B. CUSTOMARY INTERNATIONAL LAW GOVERNING JURISDICTION TO PRESCRIBE § 407. Customary International Law Governing Jurisdiction to Prescribe C.A.D.C.2018. Cit. in disc.; com. (f) cit. in disc. (citing § 211 and com. (f) to § 211 of T.D. No. 2, 2016, which is now § 407 and com. (f) to § 407 of the Official Text). United States citizen who was captured and detained by the United States military in Iraq as a suspected enemy combatant filed a habeas corpus petition seeking release from military custody. The district court issued an order requiring the government to give 72 hours' notice before transferring detainee to the custody of any other country, and, after the government reached an agreement with another country to transfer detainee to its custody, issued an order enjoining the government from effecting the transfer. This court sustained both orders, holding that, under the circumstances, involuntarily transferring detainee to the other country would be unlawful. The court rejected the government's argument that, once a citizen voluntarily left the United States, the government could deliver the citizen to any foreign country that had a legitimate sovereign interest in the citizen under the Restatement Fourth of Foreign Relations Law. Doe v. Mattis, 889 F.3d 745,755,756. § 410. Jurisdiction Based on Active Personality C.A.D.C.2018. Com. (a) quot. in disc. (quoting § 214, com. (a), of T.D. No. 2, 2016, which is now § 410, com. (a), of the Official Text). United States citizen who was captured and detained by the United States military in Iraq as a suspected enemy combatant filed a habeas corpus petition seeking release from military custody. The district court issued an order requiring the government to give 72 hours' notice before transferring detainee to the custody of any other country, and, after the government reached an agreement with another country to transfer detainee to its custody, issued an order enjoining the government from effecting the transfer. This court sustained both orders, holding that, under the circumstances, involuntarily transferring detainee to the other country would be unlawful. The court rejected the government's argument that, once a citizen voluntarily left the United States, the government could deliver the citizen to any foreign country that had a legitimate sovereign interest in the citizen under Restatement Fourth of Foreign Relations Law. Doe v. Mattis, 889 F.3d 745, 755, 757. CHAPTER 5. IMMUNITY OF STATES FROM JURISDICTION COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved AgI Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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