Marwan holds dual citizenship with the United States and Saudi Arabia. While in Syria, which he had voluntarily entered, he surrendered to
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I have a final exam for counterterrorism law and it has 6 questions. I need the answers for all of them
QUESTION 1
(DETENTION, CUSTODY, AND HABEAS RELIEF)
Marwan holds dual citizenship with the United States and Saudi Arabia. While in
Syria, which he had voluntarily entered, he surrendered to Syrian rebel forces, allegedly
while fighting with ISIS forces. Marwan was turned over to the U.S. military, who
transferred him to a U.S. military detention facility within the “Green Zone” in Iraq. He
has been held in U.S. military custody for seven months without being charged in any
forum. He has been declared an “enemy combatant” by the Secretary of Defense.
Marwan denies that he was an enemy combatant fighting with ISIS, and claims that he
was in Syria with press credentials documenting the Syrian conflict. The DoJ has
determined that there is insufficient evidence to charge Marwan in a federal civilian
court. The President and Secretaries of State and Defense have now decided to transfer
Marwan to Jordan, an ally of the U.S., and to allow the Jordanian government to
adjudicate Marwan’s case. The DoJ has taken the position that Marwan can be transferred
to Jordan, and that he has received an appropriate habeas proceeding because, in being
turned over to the Jordanians, he is being “released” from U.S. military custody.
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