Kiyemba

Lyle Denniston at SCOTUSblog points out that the Supreme Court’s decision to hear the case of 17 Chinese Muslim Uighur detainees who a judge ordered released into the United States will likely also force the Justices to consider the constitutionality of two bills President Obama signed yesterday.
The issue in Kiyemba v. Obama is whether the [...]

The Supreme Court just announced that it will hear the case of the Chinese Muslim Uighurs — detainees at Guantanamo Bay cleared for release but still in prison there — to decide whether a court can order the government to release detainees into the United States.

Although court-watchers were predicting that the Supreme Court would decide yesterday whether to hear the appeal from a group of Chinese Muslim detainees at Guantanamo Bay claiming the right to be released into the United States, the high court apparently decided not to decide, at least for now. Lyle Denniston at SCOTUSblog writes that the [...]

Among the cases the Supreme Court will consider reviewing in its private meeting tomorrow are two controversial cases arising out of the war on terror. Both question whether the president’s authority over detainees and information about their treatment is absolute, or reviewable by the federal courts.
The first and better-known case involves whether the executive branch [...]

In yet another case that questions the power of federal courts to rein in the government’s executive branch, the U.S. Circuit Court in Washington, D.C., on Tuesday issued a mandate that allows the government to send up to 150 Guantanamo detainees to other countries over the prisoners’ objections, Lyle Denniston at SCOTUSblog reports. The ruling [...]

I’d bet that Judge Ellen Huvelle of the U.S. District Court in Washington, D.C., is really mad now.
After telling the government last week that it has “no evidence” supporting its case against Mohammed Jawad — the Afghan teenager arrested for allegedly throwing a hand grenade at U.S. soldiers, tortured, then transferred to Guantanamo Bay where [...]

As expected, yesterday President Obama signed a supplemental appropriations bill that prohibits the release of Guantanamo detainees into the United States, and restricts the president’s ability to release them to other countries without Congressional approval.
The little-noticed provision raises constitutional questions about who has the power to control the release of detainees — the president, Congress [...]

On Thursday, the Supreme Court will meet to decide, among other things, whether to take up the case of Kiyemba v. Obama, in which the U.S. Circuit Court of Appeals in Washington, D.C., ruled that federal courts do not have the power to order any Guantanamo detainees released into the United States.
As Lyle Denniston at [...]

Lyle Denniston at SCOTUSblog reminds us that today is the one-year anniversary of the Supreme Court’s landmark decision, Boumediene v. Bush, which confirmed that Guantanamo Bay detainees have the right to challenge their detentions in U.S. courts. Coincidentally, today the Washington Post also reported on its front page that the Obama administration has given up [...]

Though it doesn’t mean he’ll actually get to go anywhere, U.S. District Judge Gladys Kessler in a decision filed on Monday granted the petition for habeas corpus of Guantanamo Bay prisoner Alla Ali Bin Ali Ahmed, held by the United States since 2002, when he was a teenager.
Kessler’s opinion — issued last week but only [...]