Sentences with phrase «habeas corpus in»

I am regularly required by law, for example, to affirm deportation orders and deny petitions for writ of habeas corpus in instances in which it appears to me that the result is unjust and in which I believe the individuals are being deprived of due process of law.

Professor Geoffrey Hoffman was among a group of legal scholars who submitted an amici curiae brief in support of a petition for a writ of habeas corpus in the case of Ragbir v. Sessions.

This is because, as Milligan makes clear, suspending habeas corpus in advance of an active rebellion that prevents the courts from functioning is unconstitutional anyway.

So, there would be little benefit to be gained from suspending the writ of habeas corpus in order to allow the use of military tribunals rather than civilian courts to punish civilian participants in a coup.

But when it comes to the Guantanamo defendants now filing for habeas corpus in United States courts, the tables are turned, with Department of Justice lawyers struggling against an army of elite law firms and law professors who represent the detainees, according to the Wall Street Journal's editorial page:

On April 13, five months before The Fugitive debuted, Boston lawyer F. Lee Bailey filed a writ of habeas corpus in federal court challenging the fairness of the extraordinary 1954 trial in which Sheppard was convicted.

Of course, this is an important national security case with immense legal or constitutional implications which, we believe, should have been allowed the three deported South African mercenaries to enjoy some form of habeas corpus in a competent jurisdiction beyond the National Bureau of Investigations (BNI)'s proof of authority.

Not exact matches

In addition to civil rights for people of color, women and LGBT, there has been an expansion of religious liberty for minority sects, enforcement of viewpoint neutrality with respect to access to various public and non-public forums (e.g. religious student groups must be granted equal access to school facilities as their secular counterparts, etc) greater protections against age and disability discrimination, and recognition of habeas corpus rights even for enemy combatants.

None of what Lincoln achieved — the eventual abolition of slavery, the preservation of the Union — would have happened had Lincoln not thought himself constitutionally authorizedto resist the Supreme Court's decision in Dred Scott; constitutionally obligated, by his oath, to resist secession; and constitutionally empowered, as commander in chief, to fight the enemy with the full powers at his disposal, which included military force, blockade, suspension of habeas corpus, arrest and detention, seizure of enemy property, and emancipation of Southern slaves.

In the next breath, he suspended habeas corpus for all persons so held under military authority.

This was in reference to anti-terrorism laws and in particular the extension to pre-trial detention, that is perceived by many to be an infringement of habeas corpus established in Magna Carta.

U.S. District Court Judge Ann Donnelly ruled in favor of a habeas corpus petition filed by the American Civil Liberties Union (ACLU) on behalf of two Iraqi men who were detained at John F. Kennedy International Airport on Friday after Trump signed his order.

Blair tried to bring in 90 days detention without charge, but was roundly defeated in Parliament on the grounds that this was far too extensive a removal of liberty without the right to know what one is charged with (habeas corpus).

The ruling marks the first time in U.S. history that an animal has been covered by a writ of habeas corpus, which typically allows human prisoners to challenge their detention.

The words «writ of habeas corpus» have been struck out, suggesting that the court has made no decision on whether Hercules and Leo — two research chimpanzees at Stony Brook University in New York — deserve to be treated as legal persons.

This week, oral arguments were allowed in two of the suits, but none of the three judges who heard the cases were willing to issue a writ of habeas corpus, as David Grimm wrote in ScienceInsider.

It transfers Davis» habeas corpus petition to the U.S. District Court in Georgia and instructs the court to «receive testimony and make findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes petitioner's innocence.»

For one, it is the first time in nearly 50 years that the court has ordered a hearing based on a petition for habeas corpus filed directly with the Supreme Court, as opposed to petitions that have come up through the lower courts.

In addition, Eric specializes in habeas corpus and post-conviction relief in state and federal courtIn addition, Eric specializes in habeas corpus and post-conviction relief in state and federal courtin habeas corpus and post-conviction relief in state and federal courtin state and federal courts.

Finally, if you have an upcoming filing deadline in court, such as an appeal, a post-conviction petition, or a habeas corpus deadline, please do not wait to hear from us before you make your filing.

In many states and all federal courts, this collateral attack is called a «habeas corpus petition.»

Assuming my habeas corpus motion will be denied, I'm picking my first jury in about six weeks.

Lee was freed on an unsecured bond in August 2014 after a federal judge adopted Carlson's report and recommendation and conditionally granted Lee's petition for habeas corpus relief.

The government also argued that habeas corpus review in individual cases satisfies any constitutional concerns stemming from prolonged detention.

During her third year of law school, Maria participated in the University of Georgia's Appellate Litigation Program, where she helped draft a brief for habeas corpus relief to the U.S. Court of Appeals for the Eleventh Circuit and participated in oral argument for that matter.

... But when Kennedy, after describing the facts and legal issues paused, leaned forward and started talking about basic principles, it was clear: he had provided the fifth vote to declare that Guantanamo detainees have habeas corpus rights that were violated when Congress stripped courts of habeas jurisdiction in the Military Commissions Act of 2006.

A measure urging the Obama administration to ensure that any detainees who are expected to be charged with crimes be prosecuted in federal district courts and be given all rights of habeas corpus with full due process.

And, by the way, America, unfortunately, has two million people in jail all of whom had lawyers and access to writs of habeas corpus.

Finally, they brought a habeas corpus action in the Connecticut Superior Court, alleging violations of his constitutional rights and seeking compassionate and / or medical parole.

Khadr applied for habeas corpus on the grounds that the ITOA mandated that transferred prisoners who committed their crimes as youths be allowed to serve their sentences in provincial facilities.

«The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.»

In a move described as a pre-emptive strike against the detainee bill passed by Congress last week, the Center for Consitutional Rights yesterday filed habeas corpus petitions on behalf of 25 men being held in AfghanistaIn a move described as a pre-emptive strike against the detainee bill passed by Congress last week, the Center for Consitutional Rights yesterday filed habeas corpus petitions on behalf of 25 men being held in Afghanistain Afghanistan.

Wise felt that such a concept was already present in habeas corpus case law which permits courts to issue writs requiring that a person be brought before a judge by his or her captor in order to rule on that prisoners detainment.

Two hundred of the 500 prisoners have filed habeas corpus petitions in the wake of the Court's decision in 2004 in Rasul v. Bush.

Sometime in the next couple of months, in a yet - to - be disclosed courthouse somewhere in the United States, the Nonhuman Rights Project is planning to file a writ of habeas corpus on behalf of a chimpanzee.

King Charles II's chief minister was in the habit of dispatching prisoners to distant parts of the U.K., where the writ of habeas corpus did not run.

Animal - rights lawyer Steve Wise Sometime in the next couple of months, in a yet - to - be disclosed courthouse somewhere in the United States, the Nonhuman Rights Project is planning to file a writ of habeas corpus on behalf of a chimpanzee.

Another case, a habeas corpus case, Ex parte Endo might have resolved it, but the Court concluded this case in favor of Endo without going to the constitutional level.

It was inspiring to see lawyers banging out habeas corpus petitions from airports around the US, pulling all - nighters in defense of civil liberties.

In Voisey v Canada (Attorney General), 2016 ABQB 316, Justice Crighton of the Alberta Court of Queen's Bench rejected an application for habeas corpus and awarded $ 1000 in costs to the respondenIn Voisey v Canada (Attorney General), 2016 ABQB 316, Justice Crighton of the Alberta Court of Queen's Bench rejected an application for habeas corpus and awarded $ 1000 in costs to the respondenin costs to the respondent.

For claims pending in federal court: The petition for review or habeas corpus date stamped by the appropriate court.

Application for leave to file a petition for writs of habeas corpus and prohibition in this Court challenging the jurisdiction and legal authority of a military commission which convicted applicant of a violation of the law of war and sentenced him to be hanged.

Angus McCullough QC is acting as special advocate for Abu Qatada in his applications for habeas corpus and bail - Jan 2012

While at Columbia Law School, Sarah's efforts in a federal habeas corpus case helped secure the release and exoneration of her client.

In addition, BDS has a highly successful in - house federal court practice, and has litigated dozens of habeas corpus petitions challenging the wrongful detention of immigrants, including the Second Circuit's landmark decision in Lora v. ShanahaIn addition, BDS has a highly successful in - house federal court practice, and has litigated dozens of habeas corpus petitions challenging the wrongful detention of immigrants, including the Second Circuit's landmark decision in Lora v. Shanahain - house federal court practice, and has litigated dozens of habeas corpus petitions challenging the wrongful detention of immigrants, including the Second Circuit's landmark decision in Lora v. Shanahain Lora v. Shanahan.

Issue: Discussing the availability of an «actual innocence» claim in federal habeas corpus proceedings.

Jonathan acted in the important case on the relationship between the Mental Capacity Act 2005 and the Mental Health Act 1983, J v Foundation Trust and others, the recent test case proceedings concerning the procure for court authorisation of deprivations of liberty, and has acted in a wide variety of mental health and capacity cases, covering issues such as capacity to marry and enter into sexual relations, capacity to litigate, cross-border capacity cases, urgent medical treatment cases, mental health habeas corpus cases, and many other areas.

The justices also have extraordinary writ powers and original jurisdiction in proceedings involving habeas corpus, mandamus, prohibition, and certiorari.

Circuit courts have jurisdiction over all civil cases at law over $ 2,500 with limited exceptions; all civil cases in equity; proceedings in habeas corpus, mandamus, quo warranto, prohibition, and certiorari; and all felonies and misdemeanors.

[Footnote 2/20] This was the possibility that the bill would confer power upon district judges to issue process against jailers in remote districts, and thus create departure from the usual rule, in habeas corpus cases as in others, that process does not run beyond the territorial jurisdiction of the issuing court.