United States DC Circuit

The district court had no habeas corpus jurisdiction to adjudicate actions contesting the legality and conditions of confinement of aliens captured abroad during hostilities in Afghanistan, and held abroad in U.S. military custody at an installation leased from another nation.

Appellate Information

• Argued 12/02/2002
• Decided 03/11/2003
• Published 03/11/2003

Judges

• Before:  RANDOLPH and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Thomas B. Wilner and Joseph Margulies argued the cause for appellants.   With them on the briefs were Neil H. Koslowe, Michael Ratner, Beth Stephens, and L. Barrett Boss., William J. Aceves was on the briefs of amici curiae The International Centre for the Legal Protection of Human Rights and International Human Rights Organizations and Law Scholars in support of appellants., David P. Sheldon was on the brief of amicus curiae National Association of Criminal Defense Lawyers in support of appellants.


• For Appellees:
  
• Paul D. Clement, Deputy Solicitor General, U.S. Department of Justice, argued the cause for appellees.   With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, U.S. Department of Justice, Gregory G. Garre and David B. Salmons, Assistants to the Solicitor General, Douglas N. Letter, Robert M. Loeb and Katherine S. Dawson, Attorneys., Daniel J. Popeo, Richard A. Samp and Paul D. Kamenar were on the brief for amici curiae Washington Legal Foundation, et al., in support of appellees.