[20180620]LSB10152_军方禁止将美国ISIS嫌疑人转移到国外至少目前是这样.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Military Enjoined from Transferring American ISIS Suspect to Foreign Countryat Least for Now June 20, 2018 In Doe v. Mattis, a case with potential ramifications regarding the authority to conduct military operations against the Islamic State of Iraq and the Levant (ISIS), the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) upheld 2-1 the district courts injunctions temporarily protecting “John Doe” from forcible transfer to another country from Iraq, where he is currently being held by the U.S. military as a suspected ISIS combatant. Doe, a dual U.S.-Saudi national who surrendered to Syrian Democratic Forces and was subsequently transferred to U.S. custody, seeks to end his detention through a petition for a writ of habeas corpus in the federal district court for the District of Columbia. The Department of Defense (DOD) seeks to transfer him involuntarily to the custody of one of two countries (the names of which remain classified). Doe asked the district court to prevent his transfer during the pendency of his litigation, but DOD claimed the authority to transfer him as soon as dipl