What was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene ,  Ware v. Hylton or Boumediene v. Bush ?
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Boumediene v. Bush Boumediene v. Bush, 553 U.S. 723 (2008) , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. Guantanamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition "Al Odah v. United States". It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007.
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Ware v. Hylton Ware v. Hylton, 3 U.S. (3 Dall.) 199 (1796) is a United States Supreme Court case where a divided court ruled that an article in the Treaty of Paris, which provided that creditors on both sides should meet "no lawful impediment" when recovering "bona fide" debts, took precedence and overruled a Virginia law passed during the American Revolution which had nullified such debts. The full title of the case is Ware, administrator of Jones, Plaintiff in Error v. Hylton et al. It is also known as the British Debt case.
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Executive Order 13440 Executive Order 13440 is an Executive Order issued by United States President George W. Bush on July 20, 2007 ordering limited compliance with the Geneva Conventions in the treatment of captives held in extrajudicial detention by the Central Intelligence Agency.
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Ham v. South Carolina Ham v. South Carolina, 409 U.S. 524 (1973) , was a United States Supreme Court decision concerning examinations of prospective jurors during voir dire. The Court held that the trial court's failure to "have the jurors interrogated on the issue of racial bias" violated the petitioner's due process right under the Fourteenth Amendment. This right does not extend to any question of bias, but it does not preclude questions of relevant biases.
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United States v. Hamilton United States v. Hamilton, 3 U.S. 17 (1795) , was a United States Supreme Court case in which a defendant committed on a charge of treason was released on bail, despite having been imprisoned upon a warrant of committal by a district court judge. The Judiciary Act of 1789 stated that "upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein, regarding the nature and circumstances of the offence, and of the evidence, and the usages of law." Ordinarily, habeas corpus was used to release prisoners held by the judgment of the executive, but not for those who commitment had been authorized by a court order. Hamilton's attorney argued that the district court judge did not hold a hearing before issuing a warrant for his commitment to jail and that the affidavits alleging treasonous activity were weak, while the government urged that the Judiciary Act did not give the Supreme Court the jurisdiction to review the district court's decision unless there was new information or misconduct. The Supreme Court set bail, but without addressing either attorney's arguments.
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Ake v. Oklahoma Ake v. Oklahoma, 470 U.S. 68 (1985) , was a case in which the Supreme Court of the United States held that the Due Process Clause of the Fourteenth Amendment required the state to provide a psychiatric evaluation to be used on behalf of an indigent criminal defendant if he needed it.
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Donald Vance Donald Vance (born c. 1976) is an American Navy veteran who was held in detention at Camp Cropper, the United States military's maximum-security detention site in Baghdad for 97 days beginning in April 2006. On December 18, 2006, Vance filed suit against the US government and the former US Secretary of Defense, Donald H. Rumsfeld, on grounds that he was tortured and his rights of habeas corpus were violated.
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Liberty Oil Co. v. Condon National Bank Liberty Oil Co. v. Condon National Bank, 260 U.S. 235 (1922), was a decision by the Supreme Court of the United States dealing with civil procedure and the nature of taking an appeal from the United States District Court.
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Mossman v. Higginson Mossman v. Higginson, 4 U.S. 12 (1800), was an 1800 decision of the United States Supreme Court asserting that "The parties to an equity suit must be so described on the record as to show that the court has jurisdiction. It is not enough that an alien is a party ; the other party must be a citizen. A writ of error may be amended by filling the blank left for the return day, there being enough on the writ to amend by."
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Fethi Boucetta Fethi Boucetta (aka "Abu Mohammed") is a citizen of Algeria, who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.
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Meshal v. Higgenbotham Meshal v. Higgenbotham is a U.S. federal lawsuit filed by the American Civil Liberties Union on behalf of Amir Mohamed Meshal, a natural born citizen of the United States, charging two agents of the Federal Bureau of Investigation (FBI), Chris Higgenbotham and Steve Hersem, and two other unknown U.S. government officials for their roles in subverting Mr. Meshal’s rights under the United States Constitution and the Torture Victim Protection Act of 1991.
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William Hohri William Minoru Hohri (March 13, 1927 – November 12, 2010) was an American political activist and the lead plaintiff in the National Council for Japanese American Redress lawsuit seeking monetary reparations for the internment of Japanese Americans during World War II. He was sent to the Manzanar concentration camp with his family after the attack on Pearl Harbor triggered the United States' entry into the war. After leading the NCJAR's class action suit against the federal government, which was dismissed, Hohri's advocacy helped convince Congress to pass legislation that provided compensation to each surviving internee. The legislation, signed by President Ronald Reagan in 1988, included an apology to those sent to the camps.
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Reid v. Covert Reid v. Covert, 354 U.S. 1 (1957) , is a landmark United States Supreme Court case in which the Court held that American civilians outside of the territorial jurisdiction of the United States cannot be tried by U.S. military tribunal, but instead retain the protections guaranteed by the United States Constitution, in this case, trial by jury.
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Factual return (Guantanamo) Factual returns are documents a government has to file in response to habeas corpus petitions.
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Mancusi v. DeForte Mancusi v. DeForte, 392 U.S. 364 , is a 1968 decision of the United States Supreme Court on privacy and the Fourth Amendment. It originated in the lower courts as United States ex rel. Frank DeForte, appellant v. Vincent R. Mancusi, Warden of Attica Prison, Attica, New York, appellee, a petition for a writ of "habeas corpus" by a prisoner who had exhausted all his state appeals. By a 6–3 margin the Court affirmed the United States Court of Appeals for the Second Circuit's reversal of a district court denial of the petition.
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Wisconsin v. City of New York Wisconsin v. City of New York, 517 U.S. 1 (1996) , was a United States Supreme Court case that held that under the Constitution's Census Clause, Congress is granted with the authority to conduct an "actual enumeration" of the American society, chiefly for the purpose of allocating congressional representation among the states.
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Peter Keisler Peter Douglas Keisler (born October 13, 1960 in Hempstead, New York) is an American lawyer whose 2006 nomination by President George W. Bush to the United States Court of Appeals for the D.C. Circuit became embroiled in partisan controversy. He is a partner at the firm of Sidley Austin in Washington, D.C., and used to be the Assistant Attorney General in charge of the Civil Division at the U.S. Department of Justice. Upon the resignation of Attorney General Alberto Gonzales, until November 9, 2007, he was also the Acting Attorney General of the United States.
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Lakhdar Boumediene Lakhdar Boumediene, (Arabic: لخضر بومدين‎ ‎ ) a citizen of Bosnia and Herzegovina, was held in military custody in the United States Guantanamo Bay detention camps, in Cuba beginning in January 2002.
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Ex parte Endo Ex parte Endo, or Ex parte Mitsuye Endo, 323 U.S. 283 (1944), was a United States Supreme Court ex parte decision handed down on December 18, 1944, in which the Justices unanimously ruled that the U.S. government could not continue to detain a citizen who was "concededly loyal" to the United States. Although the Court did not touch on the constitutionality of the exclusion of people of Japanese ancestry from the West Coast—which they had found not to violate citizen rights in their "Korematsu v. United States" decision on the same date—the Endo ruling nonetheless led to the reopening of the West Coast to Japanese Americans after their incarceration in camps across the U.S. interior during World War II.
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Hyde Amendment (1997) The Hyde Amendment (Pub.L. 105-119, § 617, Nov. 26, 1997, 111 Stat. 2519, codified as a note following 18 U.S.C. § 3006A) is a federal statute allowing federal courts to award attorneys' fees and court costs to criminal defendants "where the court finds that the position of the United States was 'vexatious, frivolous, or in bad faith.'" In such cases, the federal court may allow victims to recover some of the costs they incurred in fighting the government's investigation and prosecution by authorizing an award of attorneys' fees and court costs to a criminal defendant when the prosecution's evidence is so baseless as to be "frivolous." Compensation awarded under this statute would come out of the budget of the specific federal agency involved, typically the United States Attorney's Office.
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Joseph Lamb Bodine Joseph Lamb Bodine (November 6, 1883 – June 10, 1950) was a United States federal judge.
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United States v. Jawad United States v. Mohamed Jawad is one of the military commissions convened under the authority of the Military Commissions Act of 2006.