Legal Opinion

Al-Marri v. Hanft

District Court, D. South Carolina

Decided July 8, 2005No. CIV.A. 2:042257HFFRSCPublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

FLOYD, District Judge.

1. INTRODUCTION

This is a 28 U.S.C. § 2241 habeas corpus action. The Court has jurisdiction over the matter pursuant to 28 U.S.C. § 1331. Pending before the Court is Petitioner Ali Saleh Kahlah al-Marri’s (Petitioner) 1 motion for summary judgment as to counts one and three of his petition. 2 The sole question before the Court today is whether the President of the United States (President) is authorized to detain a non-citizen as an enemy combatant under the unique circumstances presented here.

II. FACTUAL AND PROCEDURAL HISTORY

The United States…

2Cases cited23 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  5. Fuentes v. ShevinSupreme Court of the United States · 1972

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3Cited by5 opinions

  1. Al-Marri Ex Rel. Berman v. WrightDistrict Court, D. South Carolina · 2006
  2. Al-Marri v. PucciarelliCourt of Appeals for the Fourth Circuit · 2008
  3. Al-Marri v. PucciarelliCourt of Appeals for the Fourth Circuit · 2008
  4. Al-Marri v. PucciarelliCourt of Appeals for the Fourth Circuit · 2008
  5. Al-Marri v. PucciarelliCourt of Appeals for the Fourth Circuit · 2008

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