Al-Marri v. Wright

NACDL amicus curiae brief in Opposition to Respondent’s Motion to Dismiss, filed December 19, 2006

Brief filed: 12/19/2006

Documents

Al-Marri v. Wright

4th Circuit Court of Appeals; Case No. 06-7427

Argument(s)

Congress intended to bar habeas petitions only from aliens subject to Combatant Status Review Tribunal (CSRT) determinations. The government’s contrary construction is inconsistent with the structure and language of the statutes and the legislative history and canons of statutory interpretation. Because the government has no authority to detain Al-Marri or subject him to a CSRT, he is not “awaiting determination.” The government’s inconsistent and abusive conduct of previous enemy combatant detentions demonstrates the importance of judicial review.

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Author(s)

Timothy J. Finn, Julia E. McEvoy and Katherine E. Stern, Jones Day.