Kiyemba v. Bush

Last updated

Kiyemba v. Bush (Civil Action No. 05-cv-01509) is a petition for habeas corpus filed on behalf of Jamal Kiyemba, a Ugandan citizen formerly held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba. Mr. Kiyemba is the next friend of each of the nine Uighur petitioners, Abdusabur, Abdusamad, Abdunasir, Hammad, Hudhaifa, Jalaal, Khalid, Saabir, and Saadiq, who seek the writ of habeas corpus through the petition [1]

Contents

Sabin Willett, Susan Baker Manning and a team of Bingham McCutchen lawyers are counsel for his petition, and those of nine other men whose petitions were attached to his.

Kiyemba was released in 2006; [2] and all Uyghur detainees at Guantanamo Bay had been released by 2013.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. [3]

Boumediene v. Bush

On June 12, 2008, the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.

Re-initiation

On July 18, 2008 George M. Clarke III filed a "Uighur petitioners' status report" on behalf of the seventeen Uyghur captives in Guantanamo. [4] In the status report Clarke named seven Uyghur captives whose habeas petitions were amalgamated with Kiyemba v. Bush. Their names were: Abdul Nasser, Abdul Sabour, Abdul Semet, Hammad Memet, Huzaifa Parhat, Jalal Jalaldin, Khalid Ali and Sabir Osman.

On 2008-07-22 Susan Baker Manning filed a "Huzaifa Parhat's motion for judgment on his habeas petition ordering release into the continental United States" in Civil Action No. 05-cv-1509 (RMU). [5]

On 2008-07-23 Manning filed a "NOTICE OF FILING" on behalf of Abdusabur Doe (ISN 275). [6]

On 2008-07-25 Manning filed a "Huzaifa Parhat's motion for immediate release on parole into the continental United States pending final judgment on his habeas petition". [7]

On 2008-08-15 Manning filed a "REPLY OF HUZAIFA PARHAT TO GOVERNMENT'S OPPOSITION TO MOTIONS FOR PAROLE AND JUDGMENT ORDERING RELEASE". [8]

On 2008-10-01 Manning filed a "PETITIONERS' SUPPLEMENTAL MEMORANDUM IN RESPONSE TO GOVERNMENT'S NOTICE OF STATUS". [9]

On 2008-10-07 Manning filed a "PETITIONERS' PROFFER REGARDING AVAILABLE SERVICES AND SUPPORT FOR RESETTLEMENT IN THE UNITED STATES". [10]

On 2008-10-07 Manning filed a "[Proposed] order". [11]

On 2008-10-22 Manning filed an "Emergency motion for order related to counsel visit of October 27, 2008". [12]

Appeal

After the men were ordered to be released by the US District Court the Department of Justice appealed that ruling to a panel of court of appeals. [13] The Court of Appeals ruled that the courts lacked the authority to force men held in Guantanamo to be released on US territory. [14]

Kiyemba v. Obama, also known as Kiyemba I

One of the unresolved issues raised by the re-initiation of the Guantanamo captives' habeas petitions is whether Federal civilian judges have the authority to order the Executive Branch to set captives free in the United States. [15] [16] The United States Supreme Court ruled in a per curiam decision on March 1, 2010, in the case of the Kiyemba petitioners, over whether the Judicial Branch has that authority. The court found that no court had yet ruled on this case in light of the offers of resettlement. Therefore, the Supreme Court declined to rule on the question of whether a federal court has the right to release the prisoners held at Guantanamo Bay, as, per the ruling, the Supreme Court is a court of review, not of first view.

In 2009 the State Department was able to get Bermuda to offer residency to four of the Uyghur captives. [17] A delegation from the small Pacific Ocean State of Palau visited the Uyghurs in Guantanamo, and eventually offered residency to all but one of the Uyghur captives.

The one Uyghur captive for whom Palau decline to offer residence was Arkin Mahmud, who had travelled to Afghanistan to look for his younger brother, Bahtiyar Mahnut, who their family was concerned had disappeared into Afghanistan. [17] He was one of the eldest Uyghurs, and, he became seriously mentally ill in Guantanamo—ill-enough that Palau did not feel that it had the mental health support infrastructure to heal him. His younger brother felt that he could not abandon the brother who had only travelled to Afghanistan to try to rescue him.

In February Switzerland accepted the two brothers, leaving only five Uyghurs in Guantanamo. [17] Since the other five remaining Uyghurs have been offered residency in Palau some legal scholars have speculated that the Supreme Court will decline to rule on the Kiyemba habeas, because they have the option of moving to Palau. [18] [19]

Kiyemba II

Kiyemba II is the name for habeas corpus petitions filed on behalf of ten Guantanamo captives, who fear being repatriated to their country of citizenship. [20] [21] [22] [23] In April 2009 a three judge panel of DC Circuit Court of Appeals reversed the ruling of District Court Judges, stating that they had no authority to rule whether the executive branch could send captives back to their home countries, when they feared torture or other abuse there. On September 10, 2010, the entire court sat to review the case, en banc. Their decision was split six to five, confirming their colleagues ruling. However the five dissenters wrote a long opinion, and commentators have speculated that the case will be heard before the Supreme Court. The Supreme Court declined to hear the case on April 18, 2011. [24] [25]

Related Research Articles

<span class="mw-page-title-main">Fouzi Khalid Abdullah Al Odah</span> Kuwaiti former Guantanamo Bay detainee (born 1977)

Fouzi Khalid Abdullah Al Odah is a Kuwaiti citizen formerly held in the United States Guantanamo Bay detainment camps, in Cuba. He had been detained without charge in Guantanamo Bay since 2002. He was a plaintiff in the ongoing case, Al Odah v. United States, which challenged his detention, along with that of fellow detainees. The case was widely acknowledged to be one of the most significant to be heard by the Supreme Court in the current term. The US Department of Defense reports that he was born in 1977, in Kuwait City, Kuwait.

Abu Bakker Qassim, et al. v. George W. Bush, et al. (05-5477), is a case in which two Muslim Uyghurs challenged their detention at the Guantanamo Bay Naval Base in Cuba.

Adel Noori is a Uyghur refugee who was wrongly imprisoned for more than 7 years in the Guantanamo Bay detention camps in Cuba. His Guantanamo Internment Serial Number was 584. Joint Task Force Guantanamo counter-terrorism analysts report that he was born on November 12, 1979, in Xinjiang, China.

Khalil Mamut is a Uyghur refugee, imprisoned for seven years at the United States Guantanamo Bay detention camps, in Cuba.

Abdullah Abdulqadirakhun is a Uyghur refugee, who was held for more than seven years in Guantanamo Bay detention camps, in Cuba.

Dawut Abdurehim is a Uyghur refugee best known for the more than seven years he spent in the United States Guantanamo Bay detention camps, in Cuba. Abdulrehim is one of 22 Uighurs who have been held in Guantanamo for many years despite it becoming clear early on that they were innocent.

Starting in 2002, the American government detained 22 Uyghurs in the Guantanamo Bay detainment camp. The last 3 Uyghur detainees, Yusef Abbas, Hajiakbar Abdulghupur and Saidullah Khalik, were released from Guantanamo on December 29, 2013, and later transferred to Slovakia.

<span class="mw-page-title-main">Yasim Muhammed Basardah</span>

Yasim Muhammed Basardah is a citizen of Yemen who was detained in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number is 252. Basardah was an informant for the interrogators in Guantanamo where he was rewarded with his own cell, McDonald's apple pies, chewing tobacco, a truck magazine and other "comfort items".

<span class="mw-page-title-main">Ridah Bin Saleh Al Yazidi</span> Tunisian Guantanamo Bay detainee (born 1965)

Ridah Bin Saleh Bin Mabrouk al-Yazidi is a citizen of Tunisia held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba since the day it opened, on January 11, 2002. Al Yazidi's Guantanamo detainee ID number is 38.

Peter Sabin Willett, known as Sabin Willett, is an American lawyer and novelist, a partner with the Philadelphia-based law firm Morgan, Lewis & Bockius, formerly a partner at Bingham McCutchen. He lives near Boston, Massachusetts. He is perhaps best known as a defense lawyer for several Uighur prisoners at the Guantanamo Bay detainment camp.

Al Odah v. United States is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention as enemy combatants of Guantanamo detainees. It was consolidated with Boumediene v. Bush (2008), which is the lead name of the decision.

Parhat v. Gates, 532 F.3d 834, was a case involving a petition for review under the Detainee Treatment Act of 2005 filed on behalf of Huzaifa Parhat, and sixteen other Uyghur detainees held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.

Guantanamo Bay detainees have been allowed to initiate appeals in Washington, D.C., courts since the passage of the Detainee Treatment Act of 2005 (DTA) closed off the right of Guantanamo captives to submit new petitions of habeas corpus. It substituted a right to a limited appeal to Federal Courts of appeal in Washington, D.C. The Act allowed detainees to challenge whether their Combatant Status Review Tribunals had correctly followed the rules laid out by the Department of Defense.

<span class="mw-page-title-main">Shayana D. Kadidal</span> American lawyer and writer

Shayana D. Kadidal is an American lawyer and writer. Kadidal has worked at the Center for Constitutional Rights in New York City since 2001, and is senior managing attorney of the Guantánamo Global Justice Initiative there, coordinating legal representation for the captives held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba. Previously a writer on patent, drug and obscenity law, since 2001 he has played a role in various notable human rights cases, including:

<i>Anam v. Bush</i>

Anam v. Bush, No. 1:04-cv-01194, is a writ of habeas corpus filed on behalf of a dozen Guantanamo detainees. The petition was filed before US District Court Judge Henry H. Kennedy on July 14, 2004. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.

<i>Al Halmandy v. Bush</i>

Al Halmandy v. Bush, No. 1:05-cv-02385, is a writ of habeas corpus filed on behalf of 63 Guantanamo detainees, on December 13, 2005. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.

<span class="mw-page-title-main">Tolfiq Nassar Ahmed Al Bihani</span>

Tolfiq Nassar Ahmed Al Bihani is a citizen of Saudi Arabia held in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number is 893.

El Mashad v. Bush is a writ of habeas corpus filed on behalf of several Guantanamo detainees, including Sherif el-Mashad, Adel Fattouh Aly Ahmed Algazzar and Alladeen.

Scott L. Fenstermaker is an American criminal defense lawyer based in New York City. In November 2022, he was charged with trespassing, assault, reckless conduct, and attempted theft.

<i>Al-Asadi v. Bush</i>

Al-Asadi v. Bush, No. 1:05-cv-02197, is a writ of habeas corpus filed on behalf of Guantanamo detainee Mohammed Ahmed Ali Al Asadi before US District Court Judge Henry H. Kennedy. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.

References

  1. "CIVIL DOCKET FOR CASE #: 1:05-cv-01509-RMU -- KIYEMBA et al v. BUSH et al". U.S. District Court, District of Columbia. November 9, 2005. Retrieved 2008-01-06.
  2. Ruble, Kayla (8 April 2015). "Former Guantanamo Detainee Jamal Kiyemba Arrested for Murder of Ugandan Prosecutor". Vice. Retrieved 7 December 2019.
  3. Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006" (PDF). United States Department of Justice. Archived from the original (PDF) on 2008-10-02. Retrieved 2008-09-30.
  4. George M. Clarke III (2008-08-18). "Guantanamo Bay Detainee Litigation: Doc 96 -- UIGHUR PETITIONERS' STATUS REPORT" (PDF). United States Department of Justice. Archived from the original (PDF) on 2012-02-14. Retrieved 2008-08-22.
  5. Susan Baker Manning (2008-07-22). "Guantanamo Bay Detainee Litigation: Doc 198 -- Huzaifa Parhat's motion for judgment on his habeas petition ordering release into the continental United States" (PDF). United States Department of Justice . Retrieved 2008-11-17.
  6. Susan Baker Manning (2008-07-23). "Guantanamo Bay Detainee Litigation: Doc 190 -- NOTICE OF FILING" (PDF). United States Department of Justice . Retrieved 2008-11-17.
  7. Susan Baker Manning (2008-07-25). "Guantanamo Bay Detainee Litigation: Doc 203 -- Huzaifa Parhat's motion for immediate release on parole into the continental United States pending final judgment on his habeas petition" (PDF). United States Department of Justice . Retrieved 2008-11-17.
  8. Susan Baker Manning (2008-08-15). "Guantanamo Bay Detainee Litigation: Doc 258 -- REPLY OF HUZAIFA PARHAT TO GOVERNMENT'S OPPOSITION TO MOTIONS FOR PAROLE AND JUDGMENT ORDERING RELEASE" (PDF). United States Department of Justice . Retrieved 2008-11-17.
  9. Susan Baker Manning (2008-10-01). "Guantanamo Bay Detainee Litigation: Doc 612 -- PETITIONERS' SUPPLEMENTAL MEMORANDUM IN RESPONSE TO GOVERNMENT'S NOTICE OF STATUS" (PDF). United States Department of Justice . Retrieved 2008-11-17.
  10. Susan Baker Manning (2008-10-07). "Guantanamo Bay Detainee Litigation: Doc 667 -- PETITIONERS' PROFFER REGARDING AVAILABLE SERVICES AND SUPPORT FOR RESETTLEMENT IN THE UNITED STATES" (PDF). United States Department of Justice . Retrieved 2008-11-17.
  11. Susan Baker Manning (2008-10-07). "Guantanamo Bay Detainee Litigation: Doc 668 -- [Proposed] order" (PDF). United States Department of Justice . Retrieved 2008-11-17.
  12. Susan Baker Manning (2008-10-22). "Guantanamo Bay Detainee Litigation: Doc 776 -- Emergency motion for order related to counsel visit of October 27, 2008" (PDF). United States Department of Justice . Retrieved 2008-11-17.
  13. "Jamal Kiyemba v. Barack H. Obama" (PDF). United States Department of Justice. 2009-02-18. Archived from the original (PDF) on 2011-06-13. Retrieved 2009-08-02.
  14. "US: Resettle Guantanamo Uighurs in the United States". Reuters. 2009-02-18. Archived from the original on 2011-06-04.
  15. Jennifer K. Elsea, Michael John Garcia (2010-02-03). "Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court" (PDF). Congressional Research Service . Retrieved 2010-04-18. 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.
  16. Sidney Rosdeitcher (2009-02-19). "Kiyemba v. Obama: A Mockery of the Rule of Law". Brennan Center for Justice . Retrieved 2010-04-18. 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.
  17. 1 2 3 Andy Worthington (2010-02-04). "Swiss Take Two Guantánamo Uighurs, Save Obama from Having to Do the Right Thing" . Retrieved 2010-02-04.
  18. Lyle Denniston (2010-03-22). "Victory for U.S. on detainees: Analysis of Monday orders". Scotusblog . Retrieved 2010-04-18.
  19. Lyle Denniston (2010-03-22). "U.S. seeks new Kiyemba I ruling: 'No need for new fact hearing'". Scotusblog . Retrieved 2010-04-18.
  20. Lyle Denniston (2009-11-11). "Another detainee case filed: Tracking new cases: Kiyemba v. Obama (Kiyemba II)". Scotusblog . Retrieved 2010-04-18. 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.
  21. Eric Montalvo (2010-03-24). ""Kiyemba II" – Cruel and Unusual Punishment Determined Constitutional". American Constitution Society. Archived from the original on 2010-08-28. Retrieved 2010-04-18. 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.
  22. Lyle Denniston (2010-03-21). "A sequel to Kiyemba II? Algerian may be next in line". Scotusblog. Archived from the original on 2010-08-09. Retrieved 2010-04-18. 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.
  23. Lyle Denniston (2010-09-11). "Another look at detainees' plea". Scotusblog. Archived from the original on 2010-09-20. Retrieved 2010-09-14. 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.
  24. "Kiyemba v. Obama - SCOTUSblog".
  25. "Kiyemba v. Obama - Center for Constitutional Rights".