Doe v. Mattis

928 F.3d 1 (2019)

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Doe v. Mattis

United States Court of Appeals for the District of Columbia Circuit
928 F.3d 1 (2019)

  • Written by Tanya Munson, JD

Facts

In September 2017, John Doe (defendant) surrendered to Syrian Democratic Forces on an active battlefield in Syrian territory controlled by the Islamic State of Iraq and the Levant (ISIL). Doe informed the Syrian Democratic Forces that he was an American citizen and asked to speak to United States officials. Doe was transferred to the custody of United States military forces. The United States military made a preliminary determination that Doe was an enemy combatant and detained him at a United States facility in Iraq. The United States determined that Doe was a member or substantial supporter of ISIL, a designated foreign terrorist organization. In October 2017, the American Civil Liberties Union Foundation (ACLU) petitioned the district court for a writ of habeas corpus on Doe’s behalf. The ACLU requested an order barring the government from transferring Doe to another country until the court decided on the merits of his petition. The court granted the request in part, requiring the government to give 72 hours’ notice before transferring Doe. In 2018, the government communicated its intent to transfer Doe, and Doe moved for a preliminary injunction barring the transfer. The district court granted the injunction, and the government appealed.

Rule of Law

Issue

Holding and Reasoning (Srinivasan, J.)

Dissent (Henderson, J.)

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