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habeas corpus |
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habeas corpusIn law, a writ directed to someone who has custody of a person, ordering him or her to bring the person before the court issuing the writ and to justify why the person is detained in custody.
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Meanwhile, habeas petitions have provided one of the few effective means of piercing the veil of secrecy surrounding Guantanamo. A federal prisoner field a habeas petition challenging the Bureau of Prisons (BOP) policy that precluded his placement in a community corrections center, as recommended by the sentencing court. The Supreme Court, in a 5-4 decision, with the majority opinion written by Scalia, concluded that the New York court lacked jurisdiction to hear Padilla's case because a person must bring a habeas petition where he or she is being detained, against the person immediately responsible for the detention. |
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