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KIYEMBA v. OBAMA

No. 05-5487, 05-5489.

561 F.3d 509 (2009)

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

United States Court of Appeals, District of Columbia Circuit.

Decided April 7, 2009.

Attorney(s) appearing for the Case

Robert M. Loeb, Attorney, 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 Douglas N. Letter, Jonathan H. Levy, Catherine Y. Hancock, and Sameer Yerawadekar, Attorneys.

Christopher P. Moore argued the cause for appellees. With him on the briefs were Jonathan I. Blackman, Rahul Mukhi, Aaron Marr Page, Susan Baker Manning, P. Sabin Willett, Rheba Rutkowski, Neil McGaraghan, Jason S. Pinney, and Gitanjali Gutierrez.

Opinion concurring in the judgment in part and dissenting in part filed by Circuit Judge GRIFFITH.

GINSBURG, Circuit Judge:

Nine Uighurs held at Guantanamo Bay, in order to challenge their detention, petitioned the district court for a writ of habeas corpus. Asserting that they feared being transferred to a country where they might be tortured or further detained, they also sought interim relief requiring the Government to provide 30 days' notice to the district court and to counsel before transferring them from Guantanamo. The district court entered the requested...

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