Judge Alsup Case Study

Improved Essays
The issue at hand in Ibrahim, is one of a very sensitive nature. It is also one where human error drastically changed the life of one individual. Regardless, even though at the time of the decision the U.S. Government did not allow Dr. Ibrahim into the country, I do not think changes are necessary to the watch list procedures the United States currently employs.

Judge Alsup wrote in his decision that this issue is one that can only be rectified with a post-deprivation remedy. My reading of this decision goes to show that no changes are necessary to the current structure employed by the United States in determining who goes on the watch list. The process employed is one where a single person does not have the power to determine if an individual is placed on these lists. While there is one person who nominates that nomination may be accepted or rejected by the Terrorist Screening Center. Additionally, under Section 44926(a) of Title 49 of the U.S.C. there is an opportunity to submit a verification form if the person was denied or delayed boarding or entry to the United States. This gives the individual a chance to challenge whether or not they were probably placed on these lists. Here is another layer of verification of the watch list, and
…show more content…
Ibrahim brought up though were well founded; she only faced these issues due to an error by Agent Kelley. Judge Alsup correctly uses the Zinermon and Matthews case to address the issue of due process. Dr. Ibrahim was erroneously denied her ability to travel and to be free from incarceration. Furthermore, I agree with Judge Alsup when he wrote that the TSA response to Dr. Ibrahim’s PIVF form was unnecessarily vague. When this mistake by the government was noticed they should have taken all efforts to erase and expunge all of the records preventing Dr. Ibrahim from traveling to the United States. It is this belief of mine, which leads me to agree with the decision set forth by Judge

Related Documents

  • Improved Essays

    1. McCulloch v. Maryland Constitutional Question: Did Congress have the power under the Constitution to establish a national bank under Article 1, Section 8, and Clause 18 of the constitution and did Maryland unconstitutionally tax a branch of the national bank operating within its borders? Background information: The U.S government created the first national bank in 1791, while in 1816; the second national bank of the United States was created. Many branches of the Bank of the United States opened throughout the country. States were worried about the increasing power of the national government because the national banks competed with state banks.…

    • 1023 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Daniel Holtzclaw's court case has been going on for weeks and today they finally came to a verdict. This ex-Oklahoma City police officer was charged with 36 various counts including sexual battery, stalking and more. After 45 hours, the jury finally came to a decision on December 10 and Holtzclaw was found guilty on 18 of the 36 counts. This jury obviously took their time making up their mind. Once they started trying to decide, they were not allowed to go home and took breaks only when it got really late at night, but then started over again in the morning.…

    • 633 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Judge Bloch Case Study

    • 123 Words
    • 1 Pages

    Rachael Fisher of Alkermes had provided your contact information to our office, as Judge Bloch requests time to schedule a meeting in the interest of drug courts in Multnomah County. To provide a brief summary, Judge Bloch is the presiding judge for START court; an adult drug court for convicted property offenders who have an addiction to drugs and/or alcohol. Participants attend substance abuse treatment, are supervised by an assigned Probation Officer, attend court regularly, and submit to random drug testing. Specifically, Judge Bloch would like to discuss giving access to patients being successfully treated in START Court, that can only access Vivitrol thru limited Grant Funds, as there is a case to be made for better access to patients…

    • 123 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    FACTS: Along with the other defendants, Wolfish brought this case to the Supreme Court claiming that the conditions in which they were in prior to their trial violated constitutional protections. Each of the defendants were all confined at the Metropolitan Correctional Center in New York City. They claimed that the double-bunking, which meant two inmates within a room only built and furnished for one, no reading materials, no packages or mail allowed from the outside, body-cavity searches, and that they were forced to stay outside of their cell during searches was unconstitutional. Since the Metropolitan Correctional Center is a federal facility, they brought the charges against the U.S. and Attorney General Griffin Bell.…

    • 449 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Achman Case Study

    • 748 Words
    • 3 Pages

    I, Supreme Court Justice, Floyd McLeod, find in favor of Mohammed Achman. This case has proved to me that Mr. Achman 's rights as an U.S. citizen were violated multiple times. To go more in depth; on September 27, 2001, approximately two weeks after the terrorist attack of the World Trade Center, America, especially New York ,were on edge in finding any little details to get to the bottom of the attack and any future attacks. Unfortunately, the Achman 's felt the wrath and discrimination from American civilians. It all started with people breaking one of his windows to his store and destroying his mosque in queens.…

    • 748 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The illegal alien who murdered Kate Steinle is suing the federal government for carrying out "vindictive acts" against him, according to Breitbart. Jose Inez Garcia-Zarate is demanding documents “pertaining to vindictive prosecution and collusion” with the state government in the case against him. In November 2017, a San Francisco jury found Zarate not guilty of murdering Kate Steinle.…

    • 339 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Adjudications Case Study

    • 873 Words
    • 4 Pages

    M1: Justify the use of adjudications and incentive schemes in relation to addressing offending behavior and the maintenance of control. M2: Analyze how developing positive relationships and addressing offending behavior benefits the individual and society. A prison’s sole purpose is for retribution, incapacitation, deterrence and rehabilitation. When an individual commits of crime/offence against the laws put in place by society and is charged for their crime; the prison system is used to protect society and punish those through taking away privileges and freedom.…

    • 873 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Similarly, we have to question whether or not Ezekiel’s Sixth Amendment rights have been violated or not. Initially, we shall discuss his right to a speedy trial. Every american citizen, as stated in the Sixth Amendment has “...the right to a speedy and public trial…” meaning that they cannot be held for an extended period of time. Unfortunately, Ezekiel has been held for three years without receiving any legal advice or attention. In Klopfer V. North Carolina the court ruled that due to the indefinite suspension of his trial, that Mr. Klopfers Sixth Amendment rights had been violated.…

    • 291 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Hamdi's Arguments

    • 983 Words
    • 4 Pages

    classification in court and even if those individual enemy combatants had such right’s, a written statement from the administration explaining the reasons for detention would be enough evidence for the administration to support the label as an enemy combatant for those individual’s. The argument Hamdi’s attorney Frank Dunham presented stated the following: That Hamdi was not correctly classified an enemy combatant. Congress had not authorized the indefinite detention of citizens. In this case the administration has no right to detain people indefinitely and those who are detained have the right to challenge the accusation in court.…

    • 983 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Bowell Vs Alabama

    • 1219 Words
    • 5 Pages

    Powell v. Alabama 287 U.S. 45 (1932) was a landmark case that would forever change the landscape of due process in the United States. This case brought into question what the courts were responsible for when it came to preserving the people rights, and more importantly how those rights should be carried out. The facts leading up to the case began in March when several white men in Alabama reported being thrown from a train by several African men, this prompted law enforcement to phone ahead to Scottsboro where the train was headed for and where the men were found with two white women by law enforcement(Samaha page 33).…

    • 1219 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    They think that some components that are currently on the list should not be there. They say that this is especially unfair because people who typically belong to such a list do not understand why they would be on it in the first place. In addition, opponents of using the no-fly list as a tool for gun control note that two of the San Bernardino shooters were not part of that list. According to one expert who helped oversee the terrorist watch list under President George W. Bush and Obama, the list is necessarily secretive, involving unknown criteria that determines who gets put on it, which makes due process especially…

    • 496 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    “Don 't Abandon Due Process, Not Even For Terrorism”, is an article written on September twenty-second by Andrew Napolitano. The article discusses the use by the American Justice system of the practice of Due Process in extreme cases such as terrorism. Due Process is defined as, “fair treatment through the normal judicial system, especially as a citizen 's entitlement”. Since the turn of the twenty first century there has been a worldwide increase in the amount of large scale terror attacks especially on our domestic soil. Napolitano’s article pulls upon many sources being from factual information, testimonials, and recent events.…

    • 971 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Superior Court Case Study

    • 917 Words
    • 4 Pages

    Serena Pang Professor Karl A. Boedecker BUS 301 April 6, 2017 I. Court(s) visited: San Francisco Criminal Divisions of the Superior Court, which is located in 850 Bryant Street, San Francisco. II. Day(s) and Time(s) Thursday, March 23, 2017 at 1:30 p.m. III. Judge: I could not hear the name of the Judge.…

    • 917 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Powell V. Alabama Case

    • 808 Words
    • 4 Pages

    The Fourth, Fifth, Sixth, and Eighth Amendments were established to protect the rights of the suspected, the accused, criminal defendants and that of convicted criminals. There have been several instances of the course time where these protections of rights haven’t been upheld. An example of when these protections of rights have been neglected is the Powell v. Alabama in 1932. There are several things that made this particular case so different from that of other cases. The time period, the series of events in the case, and the doctrines that were established during this time period are just a few to mention.…

    • 808 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Connick v. Thompson: 563 U.S. _____, 131 S.Ct. 1350, 179 L.Ed.2d 417 (2011) – One of the issues raised in this case was the violation of Brady v. Maryland where the prosecutor withheld exculpatory evidence (law.cornell.edu. n.d.). Therefore, Thompson brought a suit pursuant 42 U.S.C. § 1983 alleging that the district attorney’s office was liable for failing to properly training its employees on the requirements of Brady. Furthermore, the concern was about the prosecutor’s behavior.…

    • 1010 Words
    • 4 Pages
    Improved Essays