The United States has published multiple lists of the habeas corpus petitions filed on behalf of detainees apprehended in the course of its War on Terror. It was the position of the Bush Presidency that none of these detainees were entitled to have writs of habeas corpus considered by the US Justice system. But some jurists differed. [1] And several habeas corpus cases have been considered by the United States Supreme Court, or are scheduled to be considered by the Supreme Court.
The Bush Presidency argued that Guantanamo detainees who have been repatriated from Guantanamo should have their cases dismissed as moot. [2] The determination that these detainees were "enemy combatants" remain in effect.
Rasul v. Bush, 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of habeas corpus to review the legality of their detention. The Court's 6–3 judgment on June 28, 2004, reversed a D.C. Circuit decision which had held that the judiciary has no jurisdiction to hear any petitions from foreign nationals held in Guantanamo Bay.
Sabir Mahfouz Lahmar is a Bosnian citizen, who won his habeas corpus petition in United States federal court after being held for eight years and eight months in the military Guantanamo Bay detainment camps, in Cuba.
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.
Musab Omar Ali al Madoonee is a citizen of Yemen who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.
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.
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".
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 38.
Ibrahim Othman Ibrahim Idris was a citizen of Sudan, formerly held in extrajudicial detention in the United States' Guantanamo Bay detainment camps, in Cuba. His detainee ID number was 036.
Abdel Hamid Ibn Abdussalem Ibn Mifta Al Ghazzawi is a citizen of Libya who was held from June 2002 until March 2010 in the Guantanamo Bay detainment camps, in Cuba because the United States classified him as an enemy combatant. His internment number was 654.
Nasir Maziyad Abdallah Al Qurayshi Al Subii is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 497. American counter-terror analysts estimate he was born in 1983, in Al Arib, Saudi Arabia.
Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. Guantánamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007.
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.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights, and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution, including the right of petition for habeas corpus. In 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.
Bismullah v. Gates is a writ of habeas corpus appeal in the United States Justice System, on behalf of Bismullah —an Afghan detainee held by the United States in the Guantanamo Bay detention camps, in Cuba. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.
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
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.
Civil Action No. 02-cv-0299 is a habeas corpus petition submitted on behalf of several Guantanamo captives.
Al Joudi v. Bush (Civil Action No. 05-cv-301) is a writ of habeas corpus filed on behalf of several Guantanamo detainees, including: Majid Abdulla Al Joudi, Yousif Mohammad Mubarak Al-Shehri, Abdulla Mohammad Al Ghanmi and Abdul-Hakim Abdul-Rahman Al-Moosa, before US District Court Judge Gladys Kessler. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.
Zalita v. Bush is a writ of habeas corpus filed on behalf of Guantanamo captive Abu Abdul Rauf Zalita before United States District Court judge Ricardo M. Urbina. On January 2, 2008 the Project to Enforce the Geneva Conventions named Zalita v. Bush on a list of "notable GTMO and related cases".
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.