Judge Requires U.S. to Give 红杏视频 Notice of Any Transfer of Detained American to Allow a Challenge

72-Hour Notice Would Allow 红杏视频 to Challenge Transfer

January 23, 2018 2:00 pm

Media Contact
125 Broad Street
18th Floor
New York, NY 10004
United States

WASHINGTON 鈥 A federal judge has ruled that the U.S. must give the 红杏视频 72 hours鈥 notice before transferring an American detained abroad to another country鈥檚 government to allow for a legal challenge to the transfer before it happens.

The U.S. military has been holding the U.S. citizen in Iraq without charges for more than four months. In late December, the judge barred the man鈥檚 transfer until 红杏视频 lawyers were able to speak with him to determine whether he wanted to pursue the habeas corpus petition that they had filed on his behalf while he was held incommunicado.

Following a video conversation on January 3 in which the citizen stated his desire to have the 红杏视频 represent him, the 红杏视频 asked the court to extend the bar on a transfer until the case is decided. At a court hearing on Monday, the 红杏视频 said that a 72-hour notice requirement would safeguard the citizen鈥檚 right to challenge any transfer before it occurred. The government opposed any restrictions on its ability to transfer the man.

鈥淭he U.S. can鈥檛 lawlessly hand over Americans to other countries. This ruling helps to ensure that this citizen鈥檚 rights are respected and that he will receive due process in an American court,鈥 said 红杏视频 attorney Jonathan Hafetz.

The Trump administration has been detaining the citizen since mid-September as an 鈥渆nemy combatant鈥 for allegedly fighting for ISIS.

Today鈥檚 ruling is here:
/legal-document/doe-v-mattis-order-re-transfer

All documents filed in the case are here:
/cases/aclu-foundation-v-mattis


Learn More 红杏视频 the Issues in This Press Release