Habeas Petitions by Released Detainees; Conference Report on the Defense Authorization Act; forthcoming scholarship

October 14, 2009

1. In re: Petitioners Seeking Habeas Corpus Relief in Relation to Prior Detentions at Guantanamo Bay (D.D.C. Oct. 9, 2009)

I had not been following this until now, but there is an effort underway to preserve habeas jurisdiction with respect to a large number of GTMO detainees who already have been transferred/released.  I believe some of the district judges have dismissed the petition in this circumstance, but in any event there is a large cluster of such petitions pending before Judge Hogan.  The issues were briefed to him back in February, but in this short order he notes that a lot has happened since then and directs further briefing on the question of how the arguments might change if the petitioners’ habeas rights are understood to be statutory in nature.  It will be interesting to see what happens down the road with this one. Read the rest of this entry »