Case Law

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 | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Habeas corpus - Pre-trial detention - Terrorism | Countries: United States of America

On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. This case concerns the federal habeas corpus petition of Jose Medellin, a Mexican national, for review of his rights under the Vienna Convention on Consular Relations (the "Convention"). Medillin was tried and sentenced to death, a sentence which was affirmed by the Texas Court of Criminal Appeals. Medillin then filed a state habeas corpus action, claiming that he had not been notified of his right to consular access under the Convention. The trial court, as well as the Court of Criminal Appeals in Texas rejected this claim. Subsequently Medillin filed a federal habeas corpus petition, which was rejected by the District Court. The Court of Appeals denied the application for appealability, shortly after the Avena judgment was handed down by the International Court of Justice ("ICJ"), in which it held that the United States had breached its obligation under the Convention to inform 51 Mexican nationals (including Medilla), all of whom had been sentenced to death, of the right to consular notification. Few days before the oral argument at the Supreme Court, Medillin filed another state habeas corpus petition based on the Avena judgment as well as a memorandum filed by President Bush, which stated that the United States would discharge its international obligations under the Avena judgment "by having State courts give effect to the ICJ decision in accordance with general principles of comity." Stating that the "state proceeding may provide Medellin with the review and reconsideration of his Vienna Convention claim that the ICJ required," the Supreme Court dismissed the writ as "improvidently granted." Justice O'Connor, joined by Justices Stevens, Souter and Breyer, filed a dissenting opinion in which she stated that she would "vacate the Court of Appeals' decision to deny Medellin a certificate of appealability" and "remand for further proceedings."

23 May 2005 | Judicial Body: United States Supreme Court | Topic(s): Habeas corpus | Countries: Mexico - United States of America

Filed May 20, 2004; Revised May 26, 2004. Appeal from the United States District Court for the Southern District of Texas.

26 May 2004 | Judicial Body: United States Court of Appeals for the Fifth Circuit | Topic(s): Habeas corpus | Countries: Mexico - United States of America

Appeal from the United States District Court for the Northern District of Ohio at Cleveland. Argued: 31 July 2002; Decided and Filed: 26 November 2003.

26 November 2003 | Judicial Body: United States Court of Appeals for the Sixth Circuit | Topic(s): Deportation / Forcible return - Habeas corpus | Countries: United States of America - Viet Nam

On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Civ. No. 00-00852).

29 October 2003 | Judicial Body: United States Court of Appeals for the Third Circuit | Topic(s): Deportation / Forcible return - Habeas corpus | Countries: Cuba - United States of America

Appeal from the United States District Court for the Western District of Washington. Argued and Submitted: 8 July 2003, Seattle, Washington.

17 September 2003 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Deportation / Forcible return - Habeas corpus | Countries: Somalia - United States of America

15 April 2003 | Judicial Body: United States Court of Appeals for the Eighth Circuit | Topic(s): Habeas corpus | Countries: Cuba - United States of America

Appeal from the United States District Court for the Eastern District of Texas

28 January 2003 | Judicial Body: United States Court of Appeals for the Fifth Circuit | Topic(s): Habeas corpus | Countries: Cuba - United States of America