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59-410: US District Court Judge John D. Bates , who has reviewed Shawali's confidential file, wrote that all the allegations he faced were based on "multiple levels of hearsay" , that "all of the information contained in the reports could come from a single individual" and that "no source is identified by name." Shahwali Khan's lawyer Leonard C. Goodman , who has reviewed Shawali's confidential file says he

118-764: A court order from Jed Rakoff , the Department of Defense published an eight-page summarized transcript from his Combatant Status Review Tribunal. Khan had requested two witnesses, who were ruled "not reasonably available", because attempts to access those witnesses, through diplomatic channels, failed. Khan chose to participate in his first annual Administrative Review Board (ARB) hearing, in 2005, and his third annual ARB hearing in 2007. Eleven pages of heavily redacted memos containing his third annual review board's recommendations were published in January 2009. His board convened on June 27, 2007. His board's final recommendation memo

177-433: A Middle District, with two exceptions: Illinois has a Central District instead of a Middle District, and Oklahoma has Northern, Western, and Eastern Districts. Of the three states with four districts, New York and Texas use all four directional designations, while California has a Central District and no Western District. There are other federal trial courts that have nationwide jurisdiction over certain types of cases, but

236-453: A Soviet landmine had left him too injured for military duties, so he had been employed providing food during his Taliban conscription . Having become a foot soldier for several known Taliban commanders, he eventually became a member of Taliban leader Mullah Omar ’s elite mobile reserve force before the 9/11 attacks . He was the Taliban's last Governor of Kunar Province . On 4 March 2010,

295-545: A Taliban troop commander"; and that he was part of a small squad of conscripts who guarded a "communication building called Sadarat in Konduz". The Department of Defense published a seven-page transcript from his review. Four pages of heavily redacted decision memos were published in September 2007, indicating that Abdul Rauf Aliza was one of the 121 captives whose 2005 review recommended should be released of transferred. His memo

354-410: A clerk, a person must have a minimum of 10 years of progressively responsible administrative experience in public service or business that provides a thorough understanding of organizational, procedural, and human aspects of managing an organization, and at least 3 of the 10 years must have been in a position of substantial management responsibility. An attorney may substitute the active practice of law on

413-531: A controversial Afghan leader variously known Mullah Abdul Rauf , Abdul Rauf Khadim , and various other names, had been killed by missiles fired from an unmanned aerial vehicle . The controversial Afghan leader had been widely described as a former Guantanamo captive. On February 16, 2015, the New York Times reported that a photo the Defense Department published, claiming it was the recently killed man,

472-415: A district court to entertain a lawsuit, Congress must first grant the court subject matter jurisdiction over the type of dispute in question. The district courts exercise original jurisdiction over—that is, they are empowered to conduct trials in—the following types of cases: For most of these cases, the jurisdiction of the federal district courts is concurrent with that of the state courts. In other words,

531-700: A district court upon assignment by the chief judge of the circuit or by the Chief Justice of the United States . The number of judges in each district court (and the structure of the judicial system generally) is set by Congress in the United States Code . The president appoints the federal judges for terms of good behavior (subject to the advice and consent of the Senate ), so the nominees often share at least some of his or her convictions. In states represented by

590-555: A fee and takes the oath of admission. Local practice varies as to whether the oath is given in writing or in open court before a judge of the district. A "sponsor" admitted to the court's bar is often required. Several district courts require attorneys seeking admission to their bars to take an additional bar examination on federal law, including the following: the Southern District of Ohio, the Northern District of Florida, and

649-611: A judge is through impeachment by the United States House of Representatives followed by a trial in the United States Senate and a conviction by a two-thirds vote. Otherwise, a judge, even if convicted of a felony criminal offense by a jury, is entitled to hold office until retirement or death. In the history of the United States, twelve judges have been impeached by the House, and seven have been removed following conviction in

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708-592: A letter to James Madison , and it was also discussed by Alexander Hamilton in Federalist No. 81 . However, this view did not prevail, and the first Congress created the district court system that is still in place today. Pursuant to the Constitution, nonetheless, state courts retain the power of concurrent jurisdiction in most federal matters. When the Act was first passed, there were thirteen districts created among

767-418: A plaintiff can choose to bring these cases in either a federal district court or a state court. Congress has established a procedure whereby a party, typically the defendant, can "remove" a case from state court to federal court, provided that the federal court also has original jurisdiction over the matter (meaning that the case could have been filed in federal court initially). If the party that initially filed

826-786: A portion of a state. There is at least one federal courthouse in each district, and many districts have more than one. District court decisions are appealed to the U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the U.S. Court of Appeals for the Federal Circuit or directly to the U.S. Supreme Court . District courts are courts of law , equity , and admiralty , and can hear both civil and criminal cases. But unlike U.S. state courts , federal district courts are courts of limited jurisdiction , and can only hear cases that involve disputes between residents of different states , questions of federal law , or federal crimes. Unlike

885-636: A senator of the president's party, the senator (or the more senior of them if both senators are of the president's party) has substantial input into the nominating process, and through a tradition known as senatorial courtesy can exercise an unofficial veto over a nominee unacceptable to the senator. Federal magistrate judges are appointed by each district court pursuant to statute. They are appointed for an eight-year term and may be reappointed for additional eight-year terms. A magistrate judge may be removed "for incompetency, misconduct, neglect of duty, or physical or mental disability". A magistrate judgeship may be

944-494: A stepping stone to a district judgeship nomination. District judges usually concentrate on managing their court's overall caseload, supervising trials, and writing opinions in response to important motions like the motion for summary judgment . Since the 1960s, routine tasks like resolving discovery disputes can, in the district judge's discretion, be referred to magistrate judges . Magistrate judges can also be requested to prepare reports and recommendations on contested matters for

1003-488: A strong federal judiciary argued that the federal courts ought to be limited to the Supreme Court, which would hear appeals only from state courts. In other words, the state courts would be treated as federal tribunals under Article I of the Constitution for the purpose of hearing disputes under federal law, but their judges would not become officers of the federal government. Edward Carrington advocated this position in

1062-427: A three-page summarized transcript on March 3, 2006. A two-page Summary of Evidence memo was drafted for Abdul Rauf Aliza's first annual Administrative Review Board in 2005. The allegations from the 2005 memo added the following assertions: that Abdul Rauf claimed to be an involuntary conscript; that he had a handicap that meant that he could only be used as a delivery boy; that he "was identified as Mullah Abdul Rauf,

1121-399: A year-for-year basis for the management or administrative experience requirement. Clerks do not have to be licensed attorneys, but some courts specify that a law degree is a preference for employment. Unlike some state courts, the power of federal courts to hear cases and controversies is strictly limited. Federal courts may not decide every case that happens to come before them. In order for

1180-555: Is addressed in writing as " The Honorable John/Jane Doe" or "Hon. John/Jane Doe" and in speech as "Judge" or "Judge Doe" or, when presiding in court, "Your Honor". Each district court appoints a clerk, who is responsible for overseeing filings made with the court, maintaining the court's records, processing fees, fines, and restitution, and managing the non-judicial work of the court, including information technology, budget, procurement, human resources, and financial. Clerks may appoint deputies, clerical assistants, and employees to carry out

1239-538: The Associated Press reported that two former captives at Guantanamo had become senior Taliban leaders, after their release from Afghan custody. The report quoted "senior Afghan officials who said the two captives named Abdul Qayyum Zakir and Abdul Rauf Aliza were actually Abdul Qayyum and Abdul Rauf." They reported that Abdul Qayyum was being considered a candidate to replace recently captured Taliban second-in-command Mullah Abdul Ghani Baradar , and that Abdul Rauf

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1298-660: The District of Columbia or Hawaii . The Philippines were previously part of the United States but were never part of the U.S. federal court system. There are 89 districts in the 50 states, with a total of 94 districts including territories. There is at least one judicial district for each state , the District of Columbia , and Puerto Rico . Each state has between one and four districts. For states with multiple districts, they are named geographically. States with two districts all give them either Northern–Southern or Western–Eastern designations. Most states with three districts add

1357-458: The District of Puerto Rico . Pro hac vice admission is also available in most federal district courts on a case-by-case basis. Most district courts require pro hac vice attorneys to associate with an attorney admitted to practice before the court. Generally, a final ruling by a district court in either a civil or a criminal case can be appealed to the United States court of appeals in

1416-592: The United States Patent and Trademark Office ). Admission to the bar of a district court is generally available to any attorney who is admitted to practice law in the state where the district court sits. 56 districts (around 60% of all district courts) require an attorney to be admitted to practice in the state where the district court sits. The other 39 districts (around 40% of all district courts) extend admission to certain lawyers admitted in other states, although conditions vary from court to court. For example,

1475-665: The United States Supreme Court ruled, in Rasul v. Bush , that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them. Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants . The Department of Defense was forced to publish Summary of Evidence memos from

1534-598: The federal judicial circuit in which the district court is located, except that some district court rulings involving patents and certain other specialized matters must be appealed instead to the United States Court of Appeals for the Federal Circuit , and in a very few cases the appeal may be taken directly to the United States Supreme Court . The Central District of California is the largest federal district by population; it includes all five counties that make up Greater Los Angeles . By contrast, New York City and

1593-497: The Central District of California are the largest federal districts by number of judges, with 28 judges each. In 2007, the busiest district courts in terms of criminal federal felony filings were the District of New Mexico , Western District of Texas , Southern District of Texas , and the District of Arizona . These four districts all share the border with Mexico . A crackdown on illegal immigration resulted in 75 percent of

1652-625: The Senate. (For a table that includes the twelve impeached judges, see Impeachment in the United States .) A judge who has reached the age of 65 (or has become disabled) may retire or elect to go on senior status and keep working. Such senior judges are not counted in the quota of active judges for the district and do only whatever work they are assigned by the chief judge of the district, but they keep their offices (called "chambers") and staff, and many of them work full-time. As of 2010, there were 678 authorized district court judgeships. A federal judge

1711-448: The Taliban in 1998 and received military training. The allegations stated that Abdul Rauf: was issued a Kalishnikov rifle in Kunduz ; fought for the Taliban; surrendered to Abdul Rashid Dostum 's Northern Alliance forces; and was in possession of a Kalishnikov when he surrendered. Abdul Rauf chose to participate in his Combatant Status Review Tribunal. The Department of Defense published

1770-514: The Taliban leadership. Detainee was in a position to have extensive knowledge of the opium trade in Afghanistan and could identify the individuals in the criminal organizations that were working with both the Taliban and the Northern Alliance in the opium trade. Assessed not to be a threat, Rauf was recommended for transfer out and continued detainment in another country. Mullah Abdul Rauf

1829-526: The U.S. Supreme Court, which was expressly established by Article III of the Constitution , the district courts were established by Congress pursuant to authority delegated by Article III through the enacting of a federal statute, the Judiciary Act of 1789 . There is no constitutional requirement that district courts exist at all. During the drafting and ratification of the Constitution , some opponents of

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1888-494: The United States, including disputes over federal contracts, unlawful takings of private property by the federal government, and suits for injury on federal property or by a federal employee. The United States Tax Court has jurisdiction over contested pre-assessment determinations of taxes . A judge of a United States district court is officially titled a "United States District Judge". Other federal judges , including circuit judges and Supreme Court justices , can also sit in

1947-427: The administration of federal judicial business in those courts. The clerk for each district court was to also serve as clerk of the corresponding circuit court. The Judiciary Act required each clerk to issue the writs summoning jurors and "to record the decrees, judgments and determinations of the court of which he is clerk." The Judicial Code (28 U.S.C. § 751) provides that the clerk is appointed, and may be removed, by

2006-428: The allegations justifying their detention, and were entitled to try to refute them. Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants . A Summary of Evidence memo was prepared for his 2004 Combatant Status Review Tribunal , listing six allegations that justified his confinement. The allegations accused Abdul Rauf of joining

2065-438: The case in state court believes that removal was improper, that party can ask the district court to "remand" the case to the state court system. For certain matters, such as patent and copyright infringement disputes and prosecutions for federal crimes, the jurisdiction of the district courts is exclusive of that of the state courts, meaning that only federal courts can hear those cases. In addition to their original jurisdiction,

2124-529: The court. The clerk's duties are prescribed by the statute, by the court's customs and practices, and by policy established by the Judicial Conference of the United States . The clerk is appointed by order of the court en banc to serve the entire court. The role of the clerk and deputies or assistants should not be confused with the judges' law clerks , who assist the judges by conducting research and preparing drafts of opinions. To be eligible to serve as

2183-1015: The criminal cases filed in the 94 district courts in 2007 being filed in these four districts and the other district that borders Mexico, the Southern District of California . The busiest patent litigation court is the United States District Court for the Eastern District of Texas , with the most patent lawsuits filed there nearly every year. Most extinct district courts have disappeared by being divided into smaller districts. The following courts were subdivided out of existence: Alabama , Arkansas , California , Florida , Georgia , Illinois , Indiana , Iowa , Kentucky , Louisiana , Michigan , Mississippi , Missouri , New York , North Carolina , Ohio , Pennsylvania , Tennessee , Texas , Virginia , Washington , West Virginia , Wisconsin . On rare occasions, an extinct district court

2242-568: The day he was inaugurated, United States President Barack Obama issued three Executive orders related to the detention of individuals in Guantanamo. He established a task force to re-review the status of all the remaining captives. Where the OARDEC officials reviewing the status of the captives were all " field grade " officers in the US military (Commanders, naval Captains, Lieutenant Colonels and Colonels)

2301-399: The district court also has concurrent jurisdiction over many of those cases, and the district court is the only one with jurisdiction over civilian criminal cases. The United States Court of International Trade addresses cases involving international trade and customs issues. The United States Court of Federal Claims has exclusive jurisdiction over most claims for money damages against

2360-415: The district courts have appellate jurisdiction over a very limited class of judgments, orders, and decrees. In order to represent a party in a case in a district court, a person must be an attorney at law and generally must be admitted to the bar of that particular court. The United States usually does not have a separate bar examination for federal practice (except with respect to patent practice before

2419-587: The district courts in New York City ( Southern District of New York and Eastern District of New York ) extend admission to attorneys admitted to the bar in Connecticut or Vermont and to the district court in that state, but otherwise require attorneys to be admitted to the New York bar. Only 13 districts extend admission to attorneys admitted to any U.S. state bar. The attorney generally submits an application with

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2478-586: The district judge's consideration or, with the consent of all parties, to assume complete jurisdiction over a case including conducting the trial. With the exception of the territorial courts ( Guam , the Northern Mariana Islands , and the Virgin Islands ), federal district judges are Article III judges appointed for life, and can be removed involuntarily only when they violate the standard of "good behavior". The sole method of involuntary removal of

2537-486: The eleven states which had ratified the Constitution by that point. When North Carolina and Rhode Island voted to ratify, a district was created for each of them, bringing the number of districts to fifteen. The territories ( insular areas ) of Guam , the Northern Mariana Islands , and the United States Virgin Islands each have one territorial court; these courts are called "district courts" and exercise

2596-467: The loud music used in CIA interrogations. While throwing out Khan's lawsuit, Judge Bates wrote he was nevertheless "sympathetic to the pickle". US District Court Judge [REDACTED] [REDACTED] The United States district courts are the trial courts of the U.S. federal judiciary . There is one district court for each federal judicial district . Each district covers one U.S. state or

2655-541: The officials seconded to the task force were drawn from not only the Department of Defense, but also from five other agencies, including the Departments of State, Justice, Homeland Security. President Obama gave the task force a year, and it recommended the release of Shawali Khan and 54 other individuals. Shawali Khan was finally repatriated to Afghanistan on December 20, 2014. On February 9, 2015, US officials announced that

2714-399: The same jurisdiction as district courts, but differ from district courts in that territorial courts are Article IV courts , with judges who serve ten-year terms rather than the lifetime tenure of judges of Article III courts , such as the district court judges. American Samoa does not have a district court or a federal territorial court, and so federal matters there are sent to either

2773-617: The status reviews convened in 2004, 2005, 2006 and 2007. They also published transcripts and other documents. Scholars at the Brookings Institution , led by Benjamin Wittes , analyzed these documents and listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations.: Khan chose to participate in his Combatant Status Review Tribunal. On March 3, 2006, in response to

2832-582: The surrounding metropolitan area are divided between the Southern District of New York (which includes Manhattan , The Bronx and Westchester County ) and the Eastern District of New York (which includes Brooklyn , Queens , Staten Island , Nassau County and Suffolk County ). New York suburbs in Connecticut and New Jersey are covered by the District of Connecticut and District of New Jersey , respectively. The Southern District of New York and

2891-464: The work of the court. The clerk of each district court must reside in the district for which the clerk is appointed, except that the clerk of the District of Columbia and the clerk of the Southern District of New York may reside within twenty miles of their respective districts. The Judiciary Act of 1789 authorized the Supreme Court and the judge of each U.S. District Court to appoint a clerk to assist with

2950-570: Was 108. Following his release, he returned to militancy in Afghanistan , becoming a provincial-level Taliban commander. After falling out with Taliban leadership in 2014, Rauf swore allegiance to ISIS and was named deputy commander of its Afghanistan-Pakistan based Wilayah Khorasan branch (ISIS-K), before being killed by a US drone strike in February 2015. Abdul Rauf claimed that he was from Helmand Province in Afghanistan, and that an injury from

3009-688: Was a corps commander in Herat Province , and in Kabul . Originally, the George W. Bush Presidency asserted that captives apprehended in the " war on terror " were not covered by the Geneva Conventions , and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention. In 2004 the United States Supreme Court ruled, in Rasul v. Bush , that Guantanamo captives were entitled to being informed of

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3068-463: Was actually a picture of Shawali Khan. On October 25, 2016, United States District Judge John D. Bates dismissed Khan's petition for habeas corpus as moot . Khan had opposed the dismissal, arguing that, unless his detention was declared illegal, the Afghan government would continue to seize his land, deny him a passport, and prevent him from obtaining treatment for hearing loss he said he suffered from

3127-451: Was an Afghan militant who served as a senior leader in both the Taliban and ISIS-K . A foot soldier in Taliban leader Mullah Omar ’s elite mobile reserve force prior to 9/11, he was detained by the United States after the initial invasion of Afghanistan , and transferred to Guantanamo Bay detention camp , where he was held until 20 December 2007. His Guantanamo Internment Serial Number

3186-470: Was drafted on April 21, 2005, and Gordon R. England , the Designated Civilian Official who had the authority to clear him for release or transfer, initialed his authorization to transfer Abdul Rauf Aliza on 22 April 2005. On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts. His JTF-GTMO assessment

3245-409: Was drafted on September 18, 2007. Gordon England , the Designated Civilian Official , who, on paper, had the authority to clear Shawali for transfer or release initialed his decision on Shawali's transfer status on September 20, 2007. On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts. On January 21, 2009,

3304-423: Was extinguished by merging it with other district courts. In every case except one, this has restored a district court that had been subdivided: There are a few additional extinct district courts that fall into neither of the above two patterns. Abdul Rauf Khadim Mullah Abdul Rauf Aliza ( Pashto : ملا عبد الرؤوف ; 10 February 1981 – 9 February 2015), widely identified as Mullah Abdul Rauf Khadim ,

3363-568: Was his deputy. The News International reported that both Abdul Qayyum Zakir and Abdul Rauf were members of the Taliban's Quetta Shura , then believed to be in Quetta , Pakistan, and that they had been captured shortly after Baradar. Journalist Kathy Gannon of the Associated Press quoted former Helmand Governor Sher Mohammad Akhundzada about Abdul Rauf's role in the Taliban. Akhundzada asserted that prior to his initial capture in 2001 Abdul Rauf

3422-487: Was simply a merchant, denounced for a bounty. Shawali arrived at Guantanamo on February 7, 2003, and was repatriated on December 20, 2014. Originally, the Bush Presidency asserted that captives apprehended in the " war on terror " were not covered by the Geneva Conventions , and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention. In 2004,

3481-599: Was three pages long, and was dated October 26, 2004. It started with a recommendation to his Administrative Review Board that he should be transferred from Guantanamo, for further detention, and characterized him as of low intelligence value and as a medium threat. The memo was signed by camp commandant Jay W. Hood . In an article that conflated Abdul Rauf Aliza with a senior Taliban leader named Mullah Abdul Rauf, The Washington Post quoted from his formerly secret Joint Task Force Guantanamo assessment: Cooperative, but his responses were vague or inconsistent when asked about

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