On Monday, March 1, the Justices on the High Court vacated the D.C. Circuit Court decision in Kiyemba v. Obama and remanded to the lower court. In light of this order, the Court has canceled oral arguments previously scheduled for March 23 (moment of silence please).
In ordering the circuit court to take another look, the Supreme Court noted that the detainees “at issue” have all received offers of resettlement (Switzerland or Palau both made offers). The majority of the Uighur detainees have accepted an offer to resettle. Five still remain in Guantanamo Bay, having rejected two such offers. The Court found that these new facts could alter the legal question at issue and ordered the circuit court to consider whether further proceedings in the district court are “necessary and appropriate” in light of recent developments. Find the full order here (along with the lower court opinions and filed briefs).
The Court’s order has two effects: 1) the Court, yet again, dodges the issue of Habeas rights as they pertain to non-citizen Guantanamo detainees and 2) it clears the law books of the the circuit court’s holding that U.S. Judges cannot order the release of non-citizen detainees into the United States, even if they’re unlawfully detained, because who gets into the U.S. is an immigration matter reserved for the political branches.
Dear Circuit Court, see here.
Dear Blogger, see here.
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