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Arar V. Ashcroft
''Arar v. Ashcroft'', 585 F.3d 559 (2d Cir. 2009), was a lawsuit brought by Maher Arar against the United States and various U.S. officials pursuant to the Torture Victim Protection Act (TVPA), and the Fifth Amendment to the United States Constitution. The United States District Court for the Eastern District of New York dismissed Arar's complaint due to lack of personal jurisdiction and national security and foreign policy considerations. This ruling was ultimately upheld by a divided en banc panel of the United States Court of Appeals for the Second Circuit. Background Maher Arar was a Canadian citizen who was deported to Syria by the U.S. government. In Syria, he was tortured, forced to falsely confess, and released after one year without being charged. Arar sought a declaratory judgment that defendants' conduct violated his "constitutional, civil, and international human rights," as well as compensatory and punitive damages for the statutory and constitutional violation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torture Victims Protection Act
The Torture Victim Protection Act of 1991 (TVPA; ) is a statute that allows for the filing of civil suits in the United States against individuals who, acting in an official capacity for any foreign nation, committed torture and/or extrajudicial killing. The statute requires a plaintiff to show exhaustion of local remedies in the location of the crime, to the extent that such remedies are "adequate and available." Plaintiffs may be U.S. citizens or non-U.S. citizens. Although the Act was not passed until early 1992, it was introduced the previous year, and the official name of the Act is the "Torture Victim Protection Act of 1991." Legal issues In 1992, Sister Dianna Ortiz was the first to file a case under the act, in a civil action against former general and Defense Minister Héctor Gramajo of Guatemala, contending that, by his command authority, he was responsible for her abduction, rape, and torture by military forces in Guatemala in November 1989. A federal court in Massa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration And Naturalization Service
The United States Immigration and Naturalization Service (INS) was an agency of the U.S. Department of Labor from 1933 to 1940 and the U.S. Department of Justice from 1940 to 2003. Referred to by some as former INS and by others as legacy INS, the agency ceased to exist under that name on March 1, 2003, when most of its functions were transferred to three new entities – U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP) – within the newly created Department of Homeland Security (DHS), as part of a major government reorganization following the September 11 attacks of 2001. Prior to 1933, there were separate offices administering immigration and naturalization matters, known as the Bureau of Immigration and the Bureau of Naturalization, respectively. The INS was established on June 10, 1933, merging these previously separate areas of administration. In 1890, the federal government ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tom Ridge
Thomas Joseph Ridge (born August 26, 1945) is an American politician and author who served as the Assistant to the President for Homeland Security from 2001 to 2003, and the first United States Secretary of Homeland Security from 2003 to 2005. A member of the Republican Party, he was the 43rd Governor of Pennsylvania from 1995 to 2001 and a member of the United States House of Representatives from 1983 to 1995. Ridge was born in Munhall, Pennsylvania and raised in veterans' public housing in Erie, Pennsylvania. After graduating from Harvard University with honors, he served in the U.S. Army during the Vietnam War where he was awarded the Bronze Star. He then returned to Pennsylvania and completed his Juris Doctor (J.D.) degree at the Dickinson School of Law, graduating in 1972, and entered private practice. As assistant district attorney in Erie, Ridge ran for Congress in his district, where he served six terms. He then ran for governor in 1994, despite being little-kno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Mueller
Robert Swan Mueller III (; born August 7, 1944) is an American lawyer and government official who served as the sixth director of the Federal Bureau of Investigation (FBI) from 2001 to 2013. A graduate of Princeton University and New York University, Mueller served as a Marine Corps officer during the Vietnam War, receiving a Bronze Star for heroism and a Purple Heart. He subsequently attended the University of Virginia School of Law. Mueller is a registered Republican in Washington, D.C., and was appointed and reappointed to Senate-confirmed positions by presidents George H. W. Bush, Bill Clinton, George W. Bush, and Barack Obama. Mueller has served both in government and private practice. He was an assistant United States attorney, a United States attorney, United States assistant attorney general for the Criminal Division, a homicide prosecutor in Washington, D.C., acting United States deputy attorney general, partner at D.C. law firm WilmerHale and director o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Bureau Of Investigation
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, the FBI is also a member of the U.S. Intelligence Community and reports to both the Attorney General and the Director of National Intelligence. A leading U.S. counterterrorism, counterintelligence, and criminal investigative organization, the FBI has jurisdiction over violations of more than 200 categories of federal crimes. Although many of the FBI's functions are unique, its activities in support of national security are comparable to those of the British MI5 and NCA; the New Zealand GCSB and the Russian FSB. Unlike the Central Intelligence Agency (CIA), which has no law enforcement authority and is focused on intelligence collection abroad, the FBI is primarily a domestic agency, maintaining 56 field offices in major cities t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Center For Constitutional Rights
The Center for Constitutional RightsThe Center for Constitutional Rights (CCR) is a progressive non-profit legal advocacy organization based in New York City, New York, in the United States. It was founded in 1966 by , and others particularly to support activists in the implementation of civil rights legislation and to achieve social justice. CCR has focused on [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
CBC News
CBC News is a division of the Canadian Broadcasting Corporation responsible for the news gathering and production of news programs on the corporation's English-language operations, namely CBC Television, CBC Radio, CBC News Network, and CBC.ca. Founded in 1941, CBC News is the largest news broadcaster in Canada and has local, regional, and national broadcasts and stations. It frequently collaborates with its organizationally separate French-language counterpart, Radio-Canada Info. History The first CBC newscast was a bilingual radio report on November 2, 1936. The CBC News Service was inaugurated during World War II on January 1, 1941, when Dan McArthur, chief news editor, had Wells Ritchie prepare for the announcer Charles Jennings a national report at 8:00 pm. Readers who followed Jennings were Lorne Greene, Frank Herbert and Earl Cameron. ''CBC News Roundup'' (French counterpart: ''La revue de l'actualité'') started on August 16, 1943, at 7:45 pm, being replaced by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Ashcroft
John David Ashcroft (born May 9, 1942) is an American lawyer, lobbyist and former politician who served as the 79th U.S. Attorney General in the George W. Bush administration from 2001 to 2005. A former U.S. Senator from Missouri and the 50th Governor of Missouri, he later founded the Ashcroft Group, a Washington D.C. lobbying firm. Ashcroft previously served as Auditor of Missouri (1973–1975) and Attorney General of Missouri (1977–1985). As Missouri Governor (1985–1993), he was elected for two consecutive terms (a historical first for a Republican candidate in the state). He also served one term as a U.S. Senator from Missouri (1995–2001). Ashcroft had early appointments in Missouri state government and was mentored by John Danforth. He has written several books about politics and ethics. Since 2011 he sits on the board of directors for the private military company Academi (formerly Blackwater) and is a professor at the Regent University School of Law, a conserv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General Of The United States
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate. The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies. Merrick Garland has been the United States attorney general since March 11, 2021. History Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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