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

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        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



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           For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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