Despite his criticism of the Miami family, Redlener says he recommends that Elian's U.S. relatives play a role in a custody transfer to lessen the traumatic impact on the child.

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Half of them are undocumented immigrants whom he would transfer to federal custody.

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A. to transfer to military custody the high-value detainees who had told interrogators what they knew, and to afford them some kind of due process.

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Both the government and Padilla's attorneys have said they don't oppose his transfer to Justice Department custody so that the criminal case can proceed against him.

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The judicial review processes that the demonstrators condemn as absent have, in fact, resulted in transfer to other country custody or outright release of more than 400.

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Lieberman and Collins also have written a letter to Attorney General Eric Holder, urging the Obama administration to transfer AbdulMutallab to military custody and charge him as an enemy combatant.

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Of the two big sticking points, one has recently budged, with an agreement to transfer some detainees to Afghan custody.

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The 4th Circuit Court of Appeals blocked his transfer from military to Justice Department custody last week, noting differences between the criminal charges brought against him in November and the accusations made against him as an enemy combatant.

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The deal had been long expected after Washington and Kabul found compromises over the thorny issues of "night raids" by U.S. forces on Afghan homes and the transfer of U.S. detainees to Afghan custody.

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On March 9, 2012, the United States signed a Memorandum of Understanding with the Afghan government under which the United States is to transfer Afghan nationals detained by U.S. forces in Afghanistan to the custody and control of the Afghan government within 6 months.

WHITEHOUSE: The White House

On March 9, 2012, the United States signed a Memorandum of Understanding (MOU) with the Afghan government under which the United States is to transfer Afghan nationals detained by U.S. forces in Afghanistan to the custody and control of the Afghan government within 6 months.

WHITEHOUSE: Letter from the President -- War Powers Resolution