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Civil Procedure Keyed to Marcus
Hamdi v. Rumsfeld
Citation:
542 U.S. 507 (2004)Facts
Yaser Esam Hamdi, born in Louisiana in 1980 but raised in Saudi Arabia, was captured in Afghanistan in 2001 by Northern Alliance forces and turned over to the United States military. Initially detained at Guantanamo Bay, Hamdi was transferred to naval brigs in Norfolk, Virginia and later Charleston, South Carolina when authorities learned he was an American citizen. The Government classified Hamdi as an “enemy combatant” and detained him without formal charges, access to counsel, or judicial proceedings. According to the Government, Hamdi had affiliated with a Taliban military unit, received weapons training, and surrendered his Kalashnikov assault rifle when his unit surrendered. Hamdi’s father filed a habeas corpus petition, asserting that his son was in Afghanistan for relief work, had been there less than two months before September 11, 2001, and was wrongfully detained in violation of his constitutional rights. The Government defended the detention based on a declaration from Michael Mobbs, a Defense Department official, which contained secondhand information about Hamdi’s alleged Taliban affiliation.
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