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Second Circuit Panel Dismisses Canadian Citizen's Claims Involving Removal to Syria; Court to Rehear en Banc; U.S. Agencies Investigate Handling of the Case

Published online by Cambridge University Press:  10 March 2017

John R. Crook
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Abstract

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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 102 , Issue 4 , October 2008 , pp. 880 - 882
Copyright
Copyright © American Society of International Law 2008

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References

1 Arar v. Ashcroft, 532 F.3d 157 (2d Cir. June 30, 2008); see Alan, Feuer Court Dismisses Rendition Suit , N.Y. Times July 1, 2008, at A12.Google Scholar

2 James, Barron U.S. Court to Revisit Its Decision on Deportee , N.Y. Times, Aug. 15, 2008, at A17.Google Scholar

3 The Canadian commission’s Web site is archived at <http://epe.lac-bac.gc.ca/100/206/301/pco-bcp/commissions/maher_arar/index.html>.

4 At <http://www.pm.gc.ca/eng/media.asp?category=l&id=1509>.

5 Ian, Austen Canada Will Pay $9.75 Million to Man Sent to Syria and Tortured , N.Y. Times, Jan. 27, 2007, at A5Google Scholar.

6 28 U.S.C. §1350 note.

7 Arar v. Ashcroft, 414 F.Supp.2d 250, 287–88 (E.D.N.Y. 2006).

8 532 F.3d at 165 (“Such is the freedom enjoyed by the writer of a dissenting opinion. Those charged with rendering decisions that carry the force of law have no such freedom, however. Our task is to deliver a reasoned opinion that conforms to the precedents of the Supreme Court and our Court; we have done so here.…[T]hese parlous times of national challenge can no more expand the powers of the judiciary than they can contract the rights of individuals.”).

9 Id. at 163–64.

10 Id. at 176 (citation omitted).

11 403 U.S. 388 (1971).

12 532 F.3d at 177.

13 Id. at 163, 182–83, 192.

14 Scott, Shane Justice Department Investigating Expulsion to Syria , N.Y. Times, June 6, 2008, at A6.Google Scholar

15 The secretary’s testimony can be viewed at <http://international.edgeboss.net/real/international/Fc_10–24-07.smi>. Her remarks on Arar’s case begin at 1:36:30.

16 Spender, S. Hsu DHS to Reopen Inquiry into Suspect’s Expulsion to Syria , Wash. Post, June 6, 2008, at A10.Google Scholar

17 Inspector General, Dep’t of Homeland Security, The Removal of a Canadian Citizen to Syria 3 (Mar. 2008). The heavily redacted unclassified version of the report is at <http://www.dhs.gov/xoig/assets/mgmtrpts/OIGr_08-18_Jun08.pdf>..>Google Scholar