Yaser Hamdi

Yaser Esam Hamdi, an "alleged Taliban member captured in Afghanistan"--and "alleged war on terrorism suspect"--was "born in Louisiana. Under Section One of the Fourteenth Amendment, he is therefore a citizen of the United States, even though he spent most of his life outside this country.

"After being captured during the Afghanistan conflict, Hamdi was initially held" at Guantanamo Camp Xray, "the Naval Base in Guantanamo Bay, Cuba. But when his American citizenship came to light, the government transported him from there to the brig at the Norfolk Naval Station." 

Hamdi, like Jose Padilla, was held "without bail, criminal charges, access to attorneys or the right to remain silent." The Department of Justice designated Hamdi as an enemy combatant. 

Hamdi's case is explained step-by-step by Michael C. Dorf in his April 21, 2002, "Who Decides Whether Yaser Hamdi, or Any Other Citizen, is an Enemy Combatant?" published in FindLaw's Writ.

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