COALITION OF CLERGY, LAWYERS, & PROFESSORS v. BUSH

No. 02-55367.

310 F.3d 1153 (2002)

COALITION OF CLERGY, LAWYERS, AND PROFESSORS; Haim Dov Beliak; Robert A. Berger; Kathryn S. Bloomfield; Erwin Chemerinsky; Ramsey Clark; Allen Freehling; Steven Jacobs; Harold S. Lewis, Jr.; Hugh R. Manes; Arthur L. Margolis; Kenneth B. Noble; George Regas; Joseph Reichman; Lawrence W. Schilling; Carol A. Watson; Marion R. Yagman; Stephen Yagman, on behalf of persons held involuntarily at Guantanamo Naval Air Base, Cuba, Petitioners-Appellants, v. George Walker BUSH; Donald H. Rumsfeld; Richard B. Myers; Gordon R. England; James L. Jones; Robert A. Buehn; Michael Fair; Ellen Mustain; Michael Lehnert, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 2002.


Attorney(s) appearing for the Case

Stephen Yagman, Marion R. Yagman, Joseph Reichmann, Kathryn S. Bloomfield, Yagman & Yagman & Reichmann & Bloomfield, Venice Beach, CA, Erwin Chemerinsky, University of Southern California Law School, Los Angeles, CA, for the appellants.

Robert D. McCallum, Jr., Assistant Attorney General; John S. Gordon, United States Attorney; Paul D. Clement, Deputy Solicitor General; Gregory G. Katsas, Deputy Assistant Attorney General; Robert Loeb, Sharon Swingle, United States Department of Justice, Washington, D.C., for the appellees.

Jay Alan Sekulow, Stuart J. Roth, Robert W. Ash, Virginia Beach, VA, for the amicus.

Before NOONAN, WARDLAW and BERZON, Circuit Judges.


OPINION

WARDLAW, Circuit Judge:

A Coalition1 of clergy, lawyers, and law professors petitioned for a writ of habeas corpus on behalf of persons captured in Afghanistan by the Armed Forces of the United States and now held at Guantanamo Naval Base, Cuba, in a secure detention facility known as Camp X-Ray. The Coalition alleged that the detainees have been deprived of their liberty without due process of law, have not been informed...

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