Kiyemba v. Obama
- Case Date: 2/12/2010
- Project Name: Protecting America's Freedom: National Security and Defense
On March 1, 2010, the U.S. Supreme Court put off hearing the claims of seven Guantanamo Bay detainees that they are entitled to be released into the United States. Last fall, the Court agreed to hear the claims, setting up a potential confrontation with the Obama Administration regarding U.S. detention policy. The March 1 order sidestepped that confrontation and returned the case to the lower courts to consider recent factual developments in the case. The Court’s order was a victory for WLF, which filed a brief urging the Court to reject the detainees’ claims. WLF argued that nonresident aliens (such as those being detained at Guantanamo Bay) do not possess constitutional rights to release into the United States – even though the military no longer deems the detainees to be “enemy combatants” and they cannot go back to their native China. WLF argued that any judicial recognition of the constitutional rights being asserted by the seven detainees could endanger national security.
More Information and Downloads:
2/12/2010: Download the Brief
Litigation Update: Court Declines Bid by Detainees for Release into the United States