Analysis of information sources in references of the Wikipedia article "Kiyemba v. Bush" in English language version.
One of the ten detainees who brought the suit in Kiyemba II, Algerian national Ahmed Belbacha, was cleared for release over three years ago and has endured over eight years of incarceration in U.S. custody. During his incarceration by the U.S. he was tried in absentia, convicted, and sentenced to 20 years by the Algerian government. He has asserted in filings that he "has been threatened with death by an Islamic terrorist group in Algeria," and the Algerian government views him as a deserter.
Yesterday, the D.C. Circuit Court of Appeals in Kiyemba v. Obama overturned a lower court's order directing the release into the United States of seventeen Uighurs (Muslims from Western China) detained at Guantánamo Bay Naval Base for almost seven years. The decision makes a mockery of the rule of law, flies in the face of Supreme Court precedent, and contradicts principles of detainee treatment espoused by President Obama. President Obama should promptly direct the release of petitioners into the United States, subject to appropriate conditions of parole, or arrange for one of our European allies to accept them.
Later this year, the Supreme Court is expected to consider arguments in the case of Kiyemba v. Obama as to whether federal habeas courts have the authority to order the release into the United States of Guantanamo detainees found to be unlawfully held.
The Supreme Court on Monday declined to review the D.C. Circuit Court's ruling in Kiyemba V. Obama (Supreme Court docket 09-581). The D.C. Circuit Court held that the judiciary may not review executive branch decisions regarding when or where to transfer detainees that it is prepared to release from Guantanamo Bay. This case is now informally referred to as "Kiyemba II." Ten current Guantanamo detainees who have been cleared for release object to being returned to their country of national origin out of fear or concern for their safety and well-being.
Urging the Supreme Court to broaden its new review of government policy on transfers of detainees out of Guantanamo Bay, attorneys for four Chinese Muslim Uighurs filed a new case Tuesday evening. If the Court were to grant review, it would focus the Justices' attention on two layers of dispute between the Executive Branch and the courts, both perhaps affecting President Obama's plans to close Guantanamo early next year. The issues in the new case and in an earlier one, granted review by the Court on Oct. 20, "are distinct," Tuesday's petition said. Moreover, the legal issue at stake in the new case is present in more than 150 pending detainee cases in lower courts.
In Kiyemba II, issued in April 2009, the Circuit Court went further: it ruled that District judges have no authority to regulate the movement of detainees from Guantanamo, anywhere in the world. Judges, it said, are not to second-guess the government's decisions on resettlement or transfer of any detainee. The Circuit Court denied rehearing en banc of that case in July of last year, and the Supreme Court denied review of a petition in that case (Supreme Court docket 09-581) this past March 22.
Yesterday, the D.C. Circuit Court of Appeals in Kiyemba v. Obama overturned a lower court's order directing the release into the United States of seventeen Uighurs (Muslims from Western China) detained at Guantánamo Bay Naval Base for almost seven years. The decision makes a mockery of the rule of law, flies in the face of Supreme Court precedent, and contradicts principles of detainee treatment espoused by President Obama. President Obama should promptly direct the release of petitioners into the United States, subject to appropriate conditions of parole, or arrange for one of our European allies to accept them.
One of the ten detainees who brought the suit in Kiyemba II, Algerian national Ahmed Belbacha, was cleared for release over three years ago and has endured over eight years of incarceration in U.S. custody. During his incarceration by the U.S. he was tried in absentia, convicted, and sentenced to 20 years by the Algerian government. He has asserted in filings that he "has been threatened with death by an Islamic terrorist group in Algeria," and the Algerian government views him as a deserter.
Urging the Supreme Court to broaden its new review of government policy on transfers of detainees out of Guantanamo Bay, attorneys for four Chinese Muslim Uighurs filed a new case Tuesday evening. If the Court were to grant review, it would focus the Justices' attention on two layers of dispute between the Executive Branch and the courts, both perhaps affecting President Obama's plans to close Guantanamo early next year. The issues in the new case and in an earlier one, granted review by the Court on Oct. 20, "are distinct," Tuesday's petition said. Moreover, the legal issue at stake in the new case is present in more than 150 pending detainee cases in lower courts.
In Kiyemba II, issued in April 2009, the Circuit Court went further: it ruled that District judges have no authority to regulate the movement of detainees from Guantanamo, anywhere in the world. Judges, it said, are not to second-guess the government's decisions on resettlement or transfer of any detainee. The Circuit Court denied rehearing en banc of that case in July of last year, and the Supreme Court denied review of a petition in that case (Supreme Court docket 09-581) this past March 22.
