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Inching Closer to a Showdown Over the Fate of Captured Islamic State Fighters

More than 600 Islamic State fighters from a variety of countries are being held by the Syrian Democratic Forces (SDF) in Syria, but no one thinks this situation can last. Frantic diplomatic negotiations have borne little fruit so far, and it appears a two-pronged stopgap solution may be in the works. Buckle up.

detention

The Latest—and Perhaps Last—Twist in Doe v. Mattis

The Doe v. Mattis saga has taken a significant turn, as the U.S. government continues to attempt to rid itself of the dual U.S.-Saudi citizen it has held in military custody in Iraq since last September (following his capture in Syria by the Syrian Democratic Forces): In a filing late this afternoon in the D.C.

detention

The Four Problems With Judge Henderson’s Dissent in Doe v. Mattis

There’s plenty to chew on in the 79 pages of opinions from the D.C. Circuit in Doe v. Mattis—in which a divided panel affirmed a district court injunction blocking the transfer of a U.S. citizen captured in Syria and held in Iraq as an “enemy combatant” to “Country A” (which is likely Iraq) or “Country B” (which is definitely Saudi Arabia).

detention

Document: Judge Hogan Denies Habeas in Qassim v. Trump

On Tuesday, Judge Thomas Hogan of the U.S. District Court for the District of Columbia denied Khalid Ahmed Qassim’s petition for a writ of habeas corpus. Russell Spivak summarized the joint status report, motion in limine, and a prehearing brief filed in the case for Lawfare in March. Read Hogan’s one-page judgment below:

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Enjoining the Transfer of a US-Saudi Citizen to Saudi Arabia: A Doe v. Mattis Update and Initial Preview

Since this article's publishing, the U.S. District Court for the District of Columbia has released Judge Chutkan's ruling. Read it on Lawfare.

Can the U.S. government transfer a dual U.S.-Saudi citizen, without his consent, from U.S. military custody in Iraq to Saudi custody in Saudi Arabia? This issue has been percolating for a while in federal court, but the case is now heading rapidly towards an answer.

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