KIYEMBA v. OBAMA

Nos. 08-5424, 08-5425, 08-5426, 08-5427, 08-5428, 08-5429.

555 F.3d 1022 (2009)

Jamal KIYEMBA, Next Friend, et al., Appellees v. Barack H. OBAMA, President of the United States, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 2009.


Attorney(s) appearing for the Case

Gregory G. Garre, Solicitor General, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Gregory G. Katsas, Assistant Attorney General, Jonathan F. Cohn, Deputy Assistant Attorney General, and Robert E. Kopp, Thomas M. Bondy, Anne Murphy, and Sharon Swingle, Attorneys. Scott R. McIntosh, Attorney, entered an appearance.

Sabin Willett argued the cause for appellees. With him on the brief were Rheba Rutkowski, Neil McGaraghan, Jason S. Pinney, Susan Baker Manning, George Clark, Eric A. Tirschwell, Michael J. Sternhell, Darren LaVerne, Seema Saifee, Elizabeth P. Gilson, J. Wells Dixon, and Angela C. Vigil.

Howard Schiffman was on the brief for amicus curiae Uyghur American Association in support of appellees.

Lucas Guttentag and Theodore D. Frank were on the brief of law professors as amici curiae, addressing Shaughnessy v. United States ex rel. Mezei and Clark v. Martinez, and supporting affirmance.

Alex Young K. Oh and Aziz Huq were on the brief for amici curiae Brennan Center for Justice at NYU School of Law, et al. in support of appellees.

David Overlock Stewart were on the brief for amici curiae Legal and Historical Scholars in support of appellees.

Thomas A. Gottschalk was on the brief for amici curiae National Immigration Justice Center, et al. in support of appellees.

Opinion concurring in the judgment filed by Circuit Judge ROGERS.


RANDOLPH, Senior Circuit Judge:

Seventeen Chinese citizens currently held at Guantanamo Bay Naval Base, Cuba, brought petitions for writs of habeas corpus. Each petitioner is an ethnic Uighur, a Turkic Muslim minority whose members reside in the Xinjiang province of far-west China. The question is whether, as the district court ruled, petitioners are entitled to an order requiring the government to bring them to the United States and release them here.

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