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Maqaleh et al v. Rumsfeld et al

MOTION to Dismiss for Lack of Jurisdiction First Amended Petition for Writ of Habeas Corpus

29 Cited authorities

  1. Tennessee v. Garner

    471 U.S. 1 (1985)   Cited 5,003 times   4 Legal Analyses
    Holding that where a suspect poses no immediate threat to the officer or others, the use of deadly force is excessive

  2. Munaf v. Geren

    553 U.S. 674 (2008)   Cited 1,654 times   5 Legal Analyses
    Holding that civilian U.S. citizens held in U.S. military custody in Iraq could petition for a writ of habeas corpus in federal district court

  3. Boumediene v. Bush

    553 U.S. 723 (2008)   Cited 970 times   5 Legal Analyses
    Holding that enemy combatants are entitled to the privilege of habeas corpus

  4. Hamdi v. Rumsfeld

    542 U.S. 507 (2004)   Cited 618 times   6 Legal Analyses
    Holding that exigencies of national security caution against full trial-type procedures to alleviate burden on Executive

  5. Rasul v. Bush

    542 U.S. 466 (2004)   Cited 561 times   3 Legal Analyses
    Holding that § 2241 extends to Guantanamo detainees

  6. Ayotte v. Planned Parenthood

    546 U.S. 320 (2006)   Cited 441 times   2 Legal Analyses
    Holding that lower courts should not have invalidated the entire statute, but should have accounted for the legislature's policy choices and the statute's severability clause

  7. United States v. Grace

    461 U.S. 171 (1983)   Cited 815 times
    Holding that because "[t]here is no separation, no fence, and no indication whatever to persons stepping from the street to the curb and sidewalks that serve as the perimeter of the Court grounds that they have entered some special type of enclave," the public sidewalks surrounding the Supreme Court were public fora and noting that "[t]here is nothing to indicate to the public that these sidewalks are part of the Supreme Court grounds or are in any way different from other public sidewalks in the city"

  8. Mathews v. Diaz

    426 U.S. 67 (1976)   Cited 974 times   1 Legal Analyses
    Holding that congressional alienage-based restrictions on federal Medicare benefits did not violate due process

  9. Brockett v. Spokane Arcades, Inc.

    472 U.S. 491 (1985)   Cited 586 times
    Holding that severance is impermissible where there is evidence that the legislature "would not have passed it had it known the challenged provision was invalid"

  10. Regan v. Time, Inc.

    468 U.S. 641 (1984)   Cited 394 times   1 Legal Analyses
    Holding that Government determination of publishability of photographs based on whether message is "newsworthy or educational" constitutes content-based discrimination in violation of First Amendment

  11. Section 2241 - Power to grant writ

    28 U.S.C. § 2241   Cited 80,885 times   55 Legal Analyses
    Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"

  12. Section 801 - Article 1. Definitions

    10 U.S.C. § 801   Cited 195 times   2 Legal Analyses

    In this chapter (the Uniform Code of Military Justice): (1) The term "Judge Advocate General" means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3)

  13. Section 2241 to 2243 - Repealed

    22 U.S.C. § 2241 - 22 U.S.C. § 2243   Cited 49 times

    22 U.S.C. § 2241 to 2243 Pub. L. 92-226 pt. II, §202(b), Feb. 7, 1972, 86 Stat. 27 Section 2241, Pub. L. 87-195 pt. I, §401, Sept. 4, 1961, 75 Stat. 434; Pub. L. 89-583 pt. I, §108(a), Sept. 19, 1966, 80 Stat. 801; Pub. L. 90-137 pt. I, §111(a), Nov. 14, 1967, 81 Stat. 454, provided for general authority and limitation on countries to receive assistance. Section 2242, Pub. L. 87-195 pt. I, §402, Sept. 4, 1961, 75 Stat. 434; Pub. L. 87-565 pt. I, §108, Aug. 1, 1962, 76 Stat. 259; Pub. L. 88-205 pt

  14. Section 1542 - Consultation; initial and regular consultations

    50 U.S.C. § 1542   Cited 2 times

    The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations. 50 U.S.C. § 1542 Pub. L. 93-148, §3, Nov. 7, 1973, 87 Stat. 555.