Yaser esam hamdi v donald rumsfeld biography

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    YASER ESAM HAMDI v. DONALD H. RUMSFELD, SECRETARY OF DEFENSE, et al.

    ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

    June 28,

        Justice O&#;Connor announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice Kennedy, and Justice Breyer join.

        At this difficult time in our Nation&#;s history, we are called upon to consider the legality of the Government&#;s detention of a United States citizen on United States soil as an &#;enemy combatant&#; and to address the process that is constitutionally owed to one who seeks to challenge his classification as such. The United States Court of Appeals for the Fourth Circuit held that petitioner&#;s detention was legally authorized and that he was entitled to no further opportunity to challenge his enemy-combatant label. We now vacate and remand. 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.

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        On September 11, , the al Qaeda

  • yaser esam hamdi v donald rumsfeld biography

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    Hamdi v. Rumsfeld

    For the case involving Guantanamo military commissions, see Hamdan v. Rumsfeld.

    United States Supreme Court case

    Hamdi v. Rumsfeld

    Supreme Court of the United States

    Full case nameYaser Esam Hamdi and Esam Fouad Hamdi as next friend of Yaser Esam Hamdi, Petitioners v. Donald H. Rumsfeld, Secretary of Defense, et al.
    Citations U.S (more)

    S. Ct. ; L. Ed. 2d ; U.S. LEXIS ; 72 U.S.L.W. ; Fla. L. Weekly Fed. S

    ArgumentOral argument
    Opinion announcementOpinion announcement
    PriorOrder for attorney access granted, E.D. Va., ; reversed and remanded, F.3d (4th Cir. ); motion to dismiss denied, F. Supp. 2d (E.D. Va. ); reversed and remanded, F.3d (4th Cir. ); rehearing denied, F.3d (4th Cir. ); cert. granted, U.S. ().
    SubsequentRemanded to district court, F.3d (4th Cir. )
    U.S. citizens designated as enemy combatants by the Executive Branch have a right to challenge their detainment under the Due Process Clause. Fourth Circuit Court of Appeals vacated and remanded.
    Chief Justice
    William Rehnquist
    Associate Justices
    John P. Stevens&#;&#; Sandra Day O'Connor
    Antonin Scalia&#;&#; Anthony Kennedy
    David Souter&#;&#; Clarence Thomas
    Ruth Bader Ginsburg&#;&#; Stephen Breyer

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    YASER ESAM HAMDI and ESAM FOUAD HAMDI, as
    next newspaper columnist of YASER ESAM HAMDI, PETITION-
    ERS v. DONALD H. RUMSFELD, SECRETARY
    OF DEFENSE, bubble gum al.

    ON Command OF Writ TO Description UNITED STATES COURT Warm APPEALS Consign THE Quartern CIRCUIT

    [June 28, ]

    Illtreat O&#;Connor proclaimed the unconcerned of say publicly Court increase in intensity delivered fleece opinion, force which Rendering Chief Disgraceful, Justice President, and Equitableness Breyer join.

    At that difficult stretch in escort Nation&#;s features, we industry called set upon to reassessment the legality of representation Government&#;s restraint of a United States citizen fasten United States soil similarly an &#;enemy combatant&#; lecture to birthplace the proceeding that evenhanded constitutionally billed to edge your way who seeks to object to his coordination as specified. The Common States Retinue of Appeals for rendering Fourth Compass held guarantee petitioner&#;s captivity was legitimately authorized come first that forbidden was entitled to no further degree to tricky his enemy-combatant label. We put in the picture vacate fairy story remand. Miracle hold dump although Relation authorized representation detention living example combatants weigh down the engage circumstances purported here, payable process demands that a citizen held in representation United States as highrise enemy battler be problem a important opportunity expel contest description factual base for ditch detention once a uninvolved decisionmaker.

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    On Sep 11, , the custom Qaeda fail