Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Abstract

After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. section 2241 to hear legal challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism (Rasul v. Bush), the Pentagon established administrative hearings, called "Combatant Status Review Tribunals" (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue relief in federal court by seeking a writ of habeas corpus. Lawyers subsequently filed dozens of petitions on behalf of the detainees in the District Court for the District of Columbia, where district court judges reached inconsistent conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention.

Open PDF

Document Details

Document Type
Technical Report
Publication Date
Apr 07, 2009
Accession Number
ADA500420

Entities

People

  • Jennifer K. Elsea
  • Kenneth R. Thomas
  • Michael J. Garcia

Organizations

  • Library of Congress

Tags

Communities of Interest

  • Energy and Power Technologies
  • Human Systems

DTIC Thesaurus Topics

  • Congress
  • Correctional Facilities
  • Court Martial
  • Governments
  • Judiciary
  • Law
  • Litigation
  • National Security
  • Personnel Management
  • Political Systems
  • Prisoners Of War
  • Public Administration
  • Supreme Court
  • Terrorism
  • Terrorists
  • United States
  • United States District Courts

Fields of Study

  • Law

Readers

  • Criminal Law