Supreme Court Re: US Citizens detained abroad by US

National News

The US Supreme Court ruled Thursday in the consolidated cases of Munaf v. Geren and Geren v. Omar that federal courts have jurisdiction over habeas corpus petitions filed by American citizens detained abroad by US military personnel, even if the military is operating under a multinational force. Although the Court found such a right exists, it rejected the appeals of two Americans held in US custody in Iraq who had sought to use US courts to challenge their foreign convictions, holding that:

Munaf and Omar are alleged to have committed hostile and warlike acts within the sovereign territory of Iraq during ongoing hostilities there. Pending their criminal prosecution for those offenses, Munaf and Omar are being held in Iraq by American forces operating pursuant to a UN Mandate and at the request of the Iraqi Government. Petitioners concede that Iraq has a sovereign right to prosecute them for alleged violations of its law. Yet they went to federal court seeking an order that would allow them to defeat precisely that sovereign authority. Habeas corpus does not require the United States to shelter such fugitives from the criminal justice system of the sovereign with authority to prosecute them.

For all the reasons given above, petitioners state no claim in their habeas petitions for which relief can be granted, and those petitions should have been promptly dismissed.
Read the Court's opinion per Chief Justice Roberts, and a concurrence by Justice Souter.

Mohammad Munaf was convicted and sentenced to death for the 2005 kidnapping of three Romanian journalists in Baghdad, and the US Court of Appeals for the DC Circuit ruled in April 2007 that it lacked authority to interfere with the Iraqi court case. Two months earlier, however, the same court had ruled that Shawqi Omar, arrested for allegedly harboring insurgents in Iraq, had a right to argue his case in US courts. The appeals court blocked Omar's transfer to Iraqi courts. In March, Munaf's conviction was overturned by an Iraqi appeals court. Lawyers for the detainees argued that because they are in US custody, they should have access to US courts.

Mohammad Munaf was convicted and sentenced to death for the 2005 kidnapping of three Romanian journalists in Baghdad, and the US Court of Appeals for the DC Circuit ruled in April 2007 that it lacked authority to interfere with the Iraqi court case. Two months earlier, however, the same court had ruled that Shawqi Omar, arrested for allegedly harboring insurgents in Iraq, had a right to argue his case in US courts. The appeals court blocked Omar's transfer to Iraqi courts. In March, Munaf's conviction was overturned by an Iraqi appeals court. Lawyers for the detainees argued that because they are in US custody, they should have access to US courts.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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