United States Ninth Circuit

Dismissal of an action brought by a plaintiff non-citizen "enemy combatant" challenging ongoing proceedings against him before a military commission at the U.S. Naval Base in Guantanamo Bay, Cuba, is affirmed, where: 1) pursuant to Hamad v. Gates, 732 F.3d 990 (9th Cir. 2013), Section 7 of the Military Commissions Act of 2006 deprived the district court of subject matter jurisdiction over plaintiff’s claims, which were non-habeas claims; and 2) plaintiff’s claims challenging the constitutionality of the Military Commissions Act fail.

Appellate Information

• Decided 12/20/2013
• Published 12/20/2013

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel