{"id":309732655,"title":"Course #336- Munaf V. Geren: Habeas Corpus And The Military - CD","handle":"course-336-munaf-v-geren-habeas-corpus-and-the-military-1-hour","description":"\u003cp\u003e\u003cstrong\u003eCourse 336\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e1 hour MCLE Credit\u003c\/strong\u003e\u003c\/p\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003csection class=\"abstract ng-scope\" ng-if=\"case.facts_of_the_case\"\u003e\n\u003cdiv ng-bind-html=\"case.facts_of_the_case\" class=\"ng-binding\"\u003e\n\u003cp\u003eIn 2005, Mohammad Munaf was arrested on suspicion of kidnapping by U.S. military officers acting as part of a multinational force in Iraq. Munaf's sister petitioned on his behalf for habeas corpus in the U.S. District Court in the District of Columbia. Soon after the petition was filed, Munaf was informed that he would be tried in an Iraqi court and transferred to Iraqi custody if convicted. Munaf filed a temporary restraining order attempting to block custody transfer. After the Iraqi court sentenced him to death and the district court dismissed his case for lack of jurisdiction, Munaf appealed to the U.S. Court of Appeals for the D.C. Circuit which granted an injunction against the transfer. However, the D.C. Circuit, like the district court, eventually concluded that it did not have jurisdiction over Munaf's claim, basing its decision largely on the Court's ruling in\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eHirota v. MacArthur\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003e338 U.S. 197 (1948). That decision prohibited Japanese citizens held abroad by U.S. troops from filing habeas petitions to challenge sentences handed down by a military tribunal sitting in Japan but including U.S. military personnel. Petitioner urges the Court to set aside Hirota and its ruling and to base its reasoning on a string of cases reaching the opposite result. 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Munaf's sister petitioned on his behalf for habeas corpus in the U.S. District Court in the District of Columbia. Soon after the petition was filed, Munaf was informed that he would be tried in an Iraqi court and transferred to Iraqi custody if convicted. Munaf filed a temporary restraining order attempting to block custody transfer. After the Iraqi court sentenced him to death and the district court dismissed his case for lack of jurisdiction, Munaf appealed to the U.S. Court of Appeals for the D.C. Circuit which granted an injunction against the transfer. However, the D.C. Circuit, like the district court, eventually concluded that it did not have jurisdiction over Munaf's claim, basing its decision largely on the Court's ruling in\u003cspan\u003e \u003c\/span\u003e\u003cem\u003eHirota v. MacArthur\u003c\/em\u003e\u003cspan\u003e \u003c\/span\u003e338 U.S. 197 (1948). 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How was the question above answered? Do you agree or disagree with that answer?\u003c\/li\u003e\n\u003c\/ul\u003e\n\u003c\/div\u003e\n\u003c\/section\u003e\n\u003csection class=\"abstract ng-scope\" ng-if=\"case.question\"\u003e\u003c\/section\u003e"}

Course #336- Munaf V. Geren: Habeas Corpus And The Military - CD

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Course 336

1 hour MCLE Credit

In 2005, Mohammad Munaf was arrested on suspicion of kidnapping by U.S. military officers acting as part of a multinational force in Iraq. Munaf's sister petitioned on his behalf for habeas corpus in the U.S. District Court in the District of Columbia. Soon after the petition was filed, Munaf was informed that he would be tried in an Iraqi court and transferred to Iraqi custody if convicted. Munaf filed a temporary restraining order attempting to block custody transfer. After the Iraqi court sentenced him to death and the district court dismissed his case for lack of jurisdiction, Munaf appealed to the U.S. Court of Appeals for the D.C. Circuit which granted an injunction against the transfer. However, the D.C. Circuit, like the district court, eventually concluded that it did not have jurisdiction over Munaf's claim, basing its decision largely on the Court's ruling in Hirota v. MacArthur 338 U.S. 197 (1948). That decision prohibited Japanese citizens held abroad by U.S. troops from filing habeas petitions to challenge sentences handed down by a military tribunal sitting in Japan but including U.S. military personnel. Petitioner urges the Court to set aside Hirota and its ruling and to base its reasoning on a string of cases reaching the opposite result. The case will be consolidated and heard along with another D.C. case, Geren v. Omar, 07-394, in which the D.C. Circuit allowed a habeas petition by a U.S. citizen held in Iraq because he had not yet been charged or convicted by an Iraqi court.

Question: Do U.S. courts have jurisdiction to hear habeas corpus petitions brought on behalf of U.S. citizens detained overseas by American military authorities working as part of a multinational force?

Objectives:

  • Analyze the case and its conclusion and decision. How was the question above answered? Do you agree or disagree with that answer?

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CALIFORNIA LOG SHEETS

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