required? of full criminal trial. Balancing between: -Limited to detention Private interest affected for the duration of (risk of erroneous conflict for combatants deprivation, interest in captured on the life and liberty) AND battlefield. Gov't's asserted interest and burdens gov't would face in providing greater process (4th US citizen on Arrested in when 4th Circuit upheld DETENTION (US Padilla O’Hare Cir. 2005) US soil returning from Pakistan indefinite detention Person, domestic) (released before SCOTUS could rule) US Person on Resident alien arrested Different for each Authority to detain DENTENTION Al-Marri(4th Cir. 2008) US soil for credit card fraud and judge? militarily, but due (US Person, lying to the FBI process standards not domestic) met Non-US Post-WWII, German -Are they a US Person Constitution does not DENTENTION Eisentrager (SCOTUS persons soldiers fighting after or on US soil? grant aliens the right to (Non-US persons 1950) international Germany had already If neither, no file habeas petitions. international) surrendered, never Constitutional right to Federal courts will not present on US soil, file a habeas petition. be open to detainees habeas petition. who have been tried by US military tribunals abroad. Non-US Aliens detained at Were detainees -Suspension Clause has DETENTION Boumediene (SCOTUS persons, Guantanamo after being afforded some sort of full effect at GTMO 2008) captured in Afghanistan process akin to habeas? -Aliens detained as or elsewhere abroad and If not, process enemy combatants designated enemy unconstitutional. GTMO were entitled to combatants by CSRTs. privilege of habeas Boumediene, a Bosnian corpus to challenge
required? Balancing between: Private interest affected (risk of erroneous deprivation, interest in life and liberty) AND Gov't's asserted interest and burdens gov't would face in providing greater process of full criminal trial. -Limited to detention for the duration of conflict for combatants captured on the battlefield. Padilla (4th Cir. 2005) US citizen on US soil Arrested in O’Hare when returning from Pakistan 4th Circuit upheld indefinite detention (released before SCOTUS could rule) DETENTION (US Person, domestic) Al-Marri(4th Cir. 2008) US Person on US soil Resident alien arrested for credit card fraud and lying to the FBI Different for each judge? Authority to detain militarily, but due process standards not met DENTENTION (US Person, domestic) Eisentrager (SCOTUS 1950) Non-US persons international Post-WWII, German soldiers fighting after Germany had already surrendered, never present on US soil, habeas petition. -Are they a US Person or on US soil? If neither, no Constitutional right to file a habeas petition. Constitution does not grant aliens the right to file habeas petitions. Federal courts will not be open to detainees who have been tried by US military tribunals abroad. DENTENTION (Non-US persons international) Boumediene (SCOTUS 2008) Non-US persons, Aliens detained at Guantanamo after being captured in Afghanistan or elsewhere abroad and designated enemy combatants by CSRTs. Boumediene, a Bosnian Were detainees afforded some sort of process akin to habeas? If not, process unconstitutional. -Suspension Clause has full effect at GTMO -Aliens detained as enemy combatants GTMO were entitled to privilege of habeas corpus to challenge DETENTION
ICTL_Rascoff_Fall_2011_Case_Chart.docx