GHEREBI v. BUSH

No. 03-55785.

374 F.3d 727 (2004)

Falen GHEREBI, Petitioner-Appellant, v. George Walker BUSH; Donald H. Rumsfeld, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed December 18, 2003.

Amended July 8, 2004.


Attorney(s) appearing for the Case

Stephen Yagman, Esq., Venice, CA, for Petitioner-Appellant.

Paul Clement, Department of Justice, Washington, DC, for Respondents-Appellees.

Before: REINHARDT, GRABER, Circuit Judges, and SHADUR, Senior Judge.


Opinion by Judge REINHARDT; Partial Concurrence by Judge GRABER

REINHARDT, Circuit Judge:

I. BACKGROUND

This case presents the question whether the Executive Branch may hold uncharged citizens of foreign nations in indefinite detention in territory under the "complete jurisdiction and control" of the United States while effectively denying them the right to challenge their detention in any tribunal anywhere, including the courts of the U.S. The issues...

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