Hamdi v. Rumsfeld
| Hamdi v. Rumsfeld | |
|---|---|
|
|
| Argued April 28, 2004 Decided June 28, 2004 |
|
| Full case name | Yaser Esam Hamdi and Esam Fouad Hamdi as next friend of Yaser Esam Hamdi, Petitioners v. Donald H. Rumsfeld, Secretary of Defense, et al. |
| Citations | 542 U.S. 507 (more)
124 S. Ct. 2633; 159 L. Ed. 2d 578; 2004 U.S. LEXIS 4761; 72 U.S.L.W. 4607; 2004 Fla. L. Weekly Fed. S 486
|
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Prior history | Order for attorney access granted, E.D. Va., 5-29-02; reversed and remanded, 294 F.3d 598 (4th Cir. 2002); motion to dismiss denied, 243 F.Supp.2d 527 (E.D. Va. 2002); reversed and remanded, 316 F.3d 450 (4th Cir. 2003); rehearing denied, 337 F.3d 335 (4th Cir. 2003); cert. granted, 540 U.S. 1099 (2004) |
| Subsequent history | Remanded to district court, 378 F.3d 426 (4th Cir. 2004) |
| Holding | |
| U.S. citizens designated as enemy combatants by the Executive Branch have a right to challenge their detainment under the Due Process Clause. Fourth Circuit Court of Appeals vacated and remanded. | |
| Court membership | |
| Case opinions | |
| Plurality | O'Connor, joined by Rehnquist, Kennedy, Breyer |
| Concur/dissent | Souter, joined by Ginsburg |
| Dissent | Scalia, joined by Stevens |
| Dissent | Thomas |
| Laws applied | |
| U.S. Const. art. II, amend. V; 18 U.S.C. § 4001; 115 Stat. 224 (Authorization for Use of Military Force) | |
Hamdi v. Rumsfeld, 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.
It reversed the dismissal by a lower court of a habeas corpus petition brought on behalf of Yaser Esam Hamdi, a U.S. citizen who was being detained indefinitely as an illegal enemy combatant after being captured in Afghanistan in 2001. Following the court's decision, on October 9, 2004, the U.S. government released Hamdi without charge and deported him to Saudi Arabia, where his family lived and he had grown up, on the condition that he renounce his U.S. citizenship and commit to travel prohibitions and other conditions.
Yaser Esam Hamdi was born in Louisiana as a citizen of the United States. In 1980, while still a child, he moved with his family to Saudi Arabia.
According to his father, Hamdi went to Afghanistan in the late summer of 2001 as a relief worker. He was then captured less than two months after his arrival by the Afghan Northern Alliance. They turned him over to U.S. military authorities during the U.S. invasion. He was classified as an enemy combatant by the U.S. armed forces and detained in connection with ongoing hostilities.
Hamdi's father claimed that Hamdi had gone to Afghanistan to do relief work and was trapped there when the U.S. invasion began, citing his young age and lack of travel experience as reasons for his being trapped.
...
Wikipedia