Military Enjoined from Transferring American ISIS Suspect to Foreign Country--at Least for Now [June 20, 2018]   [open pdf - 391KB]

"In Doe v. Mattis, a case with potential ramifications regarding the authority to conduct military operations against the Islamic State of Iraq and the Levant (ISIS), the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) upheld 2-1 the district court's injunctions temporarily protecting 'John Doe' from forcible transfer to another country from Iraq, where he is currently being held by the U.S. military as a suspected ISIS combatant. Doe, a dual U.S.-Saudi national who surrendered to Syrian Democratic Forces and was subsequently transferred to U.S. custody, seeks to end his detention through a petition for a writ of habeas corpus in the federal district court for the District of Columbia. The Department of Defense (DOD) seeks to transfer him involuntarily to the custody of one of two countries (the names of which remain classified). Doe asked the district court to prevent his transfer during the pendency of his litigation, but DOD claimed the authority to transfer him as soon as diplomatic arrangements could be made. The district court judge issued two orders, one requiring DOD to provide 72 hours' notice to the court prior to Doe's transfer to another country and a second enjoining the government from transferring Doe, once the government gave notice to the court of its intent to transfer him. DOD appealed both orders."

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CRS Legal Sidebar, LSB10152
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