United States Third Circuit

Because Foreign Affairs Reform and Restructuring Act's jurisdictional provisions do not specifically foreclose habeas corpus jurisdiction under 28 U.S.C. section 2241, the general habeas statute, claims brought under Article 3 of the United Nations Convention Against Torture are cognizable under section 2241.

Appellate Information

• Argued 06/26/2003
• Decided 08/22/2003
• Published 08/22/2003

Judges

• Before: SLOVITER, AMBRO, Circuit Judges, and TUCKER, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Timothy C. Hester,Kevin C. Newsom (Argued), Covington & Burling, Washington, D.C., for Petitioner.


• For Appellees:
  
• Kate L. Mershimer, Office of the United States Attorney, Harrisburg, PA, Ethan B. Kanter, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., Robert D. McCallum, Jr., Assistant Attorney General, Civil Division, Michael P. Lindemann, Assistant Director, Christopher C. Fuller (Argued), Senior Litigation Counsel, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.