United States Court of Appeals for the District of Columbia Circuit

It is likely that § 265 grants the Executive sweeping authority to prohibit aliens from entering the United States during a public-health emergency; that the Executive may expel aliens who violate such a prohibition; and that under § 1231(b)(3)(A) and the Convention Against Torture, the Executive cannot expel aliens to countries where their “life or freedom would be threatened” on account of their “race, religion, nationality, membership in a particular social group, or political opinion” or where they will likely face torture.

4 March 2022 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Document type: Case Law | Topic(s): COVID-19 - Deportation / Forcible return - Expulsion - Public health | Countries: United States of America

For UNHCR’s intervention at the district court level, see the Brief of the United Nations High Commissioner for Refugees as Amicus Curaie in Support of Plaintiff’s Cross-Motion for Summary Judgment in case Grace, et. al., Plaintiffs, v. Jefferson Beauregard Sessions III, in his Official Capacity as Attorney General of the United States, et. al., Defendants. For UNHCR’s intervention in this case, see Brief of Amicus Curiae United Nations High Commissioner for Refugees in Support of Plaintiffs-Appellees in case Grace, et. al., Plaintiffs-Appellees, v. William P. Barr, Attorney General, et. al., Defendants-Appellants. From the Court: "Twelve asylum seekers challenge a host of executive-branch policies adopted to implement the expedited-removal provisions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), [...]. Broadly speaking, the challenged policies concern how asylum officers determine whether an alien has demonstrated a “credible fear” of persecution, a threshold showing that permits an alien who would otherwise be immediately deported to seek asylum in the United States. The asylum seekers principally argue that the policies raise the bar for demonstrating a credible fear of persecution far above what Congress intended and that the Attorney General and various agencies violated the Administrative Procedure Act (APA), [...] by failing to adequately address important factors bearing on the policies’ adoption. Largely on these grounds, the district court found the policies inconsistent with IIRIRA, the Immigration and Nationality Act (INA), [...] seq., and the APA, and enjoined their enforcement. For the reasons set forth in this opinion, we affirm in part and reverse in part."

20 May 2021 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Document type: Case Law | Topic(s): Agents of persecution - Burden of proof - State protection | Countries: United States of America

Appeal from the United States District Court for the District of Columbia.

18 January 2011 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Document type: Case Law | Topic(s): Combatants / Former combatants - Criminal justice - Freedom from torture, inhuman and degrading treatment - Freedom of information | Countries: United States of America

Appeal from the United States District Court for the District of Columbia (No. 1:05-cv-00392-UNA).

6 October 2010 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Document type: Case Law | Topic(s): Confidentiality - Evidence (including age and language assessments / medico-legal reports) - Rule of law / Due process / Procedural fairness | Countries: Algeria - United States of America

Appeal from the United States District Court for the District of Columbia. Petition for a writ of habeas corpus.

5 January 2010 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Habeas corpus - Right to liberty and security - Terrorism | Countries: United States of America - Yemen

Petitions, pursuant to the Detainee Treatment Act (DTA), for review of the determination by a Combatant Status Review Tribunal (CSRT).

9 January 2009 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Document type: Case Law | Topic(s): Combatants / Former combatants - Jurisdiction - Pre-trial detention | Countries: United States of America

Argued 4 April 2008; Decided 20 June 2008. On Petition for Review of an Order of a Combatant Status Review Tribunal.

20 June 2008 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Document type: Case Law | Topic(s): Combatants / Former combatants - International humanitarian law (IHL) / Geneva Conventions - Minorities - Prisoners of war - Terrorism - Uighur | Countries: China - United States of America

Argued 8 September 2005; Decided 20 February 2007. Consolidated with 05-5063 Appeals from the United States District Court for the District of Columbia (No. 04cv01142) (No. 04cv01166) No. 05-5064 KHALED A. F. AL ODAH, NEXT FRIEND OF FAWZI KHALID ABDULLAH FAHAD AL ODAH ET AL., APPELLEES/CROSS-APPELLANTS v. UNITED STATES OF AMERICA, ET AL., APPELLANTS/CROSS-APPELLEES Consolidated with 05-5095, 05-5096, 05-5097, 05-5098, 05-5099, 05-5100, 05-5101, 05-5102, 05-5103, 05-5104, 05-5105, 05-5106, 05-5107, 05-5108, 05-5109, 05-5110, 05-5111, 05-5112, 05-5113, 05-5114, 05-5115, 05-5116 ______ Appeals from the United States District Court for the District of Columbia (No. 02cv00828) (No. 02cv00299) (No. 02cv01130) (No. 02cv01135) (No. 02cv01136) (No. 02cv01137) (No. 02cv01144) (No. 02cv01164) (No. 02cv01194) (No. 02cv01227) (No. 02cv01254)

20 February 2007 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Document type: Case Law | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Habeas corpus - Pre-trial detention - Terrorism | Countries: United States of America

Argued November 20, 2006; Decided February 13, 2007. Appeal from the United States District Court for the District of Columbia (No. 04cv02264).

13 February 2007 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Document type: Case Law | Topic(s): Terrorism | Countries: United States of America

Argued September 18, 2006; Decided November 21, 2006. Appeal from the United States District Court for the District of Columbia (No. 00cv01722).

21 November 2006 | Judicial Body: United States Court of Appeals for the District of Columbia Circuit | Document type: Case Law | Topic(s): Terrorism | Countries: United States of America