Detention & Guantanamo

Joseph Scozzari / Ben Balter (background)

As both a candidate and as president, Barack Obama repeatedly expressed his desire to close the detention facility at Guantanamo Bay, Cuba. The facility and its role in the military's detention operations have been deeply controversial from the beginning of the war against Al Qaeda. Timelines for closing the facility have come and gone, yet the administration has been stymied by legislation that has made the task extremely difficult. Detention has been litigated up and down the federal appellate ladder. And as criminal trials have begun for some of the inmates in military commissions, the legal questions surrounding their detention and treatment have only gotten thornier.

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Detention & Guantanamo

Document: Habeas Petition of Guantanamo Detainee Denied

In an opinion signed on Jan. 28 and released in redacted form on Mar. 15, Judge Royce C. Lambeth of the U.S. District Court for the District of Columbia denied a petition for a writ of habeas corpus from Abdulsalam Ali Abdulrahman al-Hela, a Yemeni citizen captured in Afghanistan in 2002 and detained at Guantanmo Bay since 2004. The full opinion is available here and below.

 

Detention & Guantanamo

Documents: Saifullah Paracha v. Donald J. Trump

The government has filed a brief in opposition before the Supreme Court regarding Saifullah Paracha's petition for a writ of certiorari over whether certain statutory restrictions regarding the release or transfer of Guantanamo detainees constitute bills of attainder. Paracha, a Pakistani national who has been detained at Guantanamo Bay since 2004, initially filed his petition on Sept. 26, 2017 after the U.S. Court of Appeals for the D.C.

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