United States Fourth Circuit

Reset A A Font size: Print

Ameur v. Gates, 13-2011

Dismissal of an action brought under the Alien Tort Claims Act, the Religious Freedom Restoration Act, and the United States Constitution, against various federal officials, arising out of plaintiff's detention as an enemy combatant, is affirmed, where: 1) 28 U.S.C. section 2241(e)(2), a provision of the Military Commissions Act of 2006, bars plaintiff's complaint; 2) the Supreme Court in Boumediene v. Bush, 553 U.S. 723 (2008) did not address, let alone invalidate, section 2241(e)(2); 3) section 2241(e)(2) is constitutional; and 4) Section 2241(e)(2) is a severable statute from section 2241(e)(1), which was invalidated in Boumediene.

Appellate Information

  • Decided 07/16/2014
  • Published 07/16/2014

Judges

  • AGEE

Court

  • United States Fourth Circuit

Counsel

Copied to clipboard