United States DC Circuit

In case involving American citizen captured and detained in Iraq by U.S military forces, held under control of US. forces for over two years allegedly without legal process or meaningful access to counsel, court's issuance of preliminary injunction to preserve jurisdiction and to bar transfer to Iraqi authorities for trial on terrorism charges is affirmed over government's claims that the court: 1) lacks jurisdiction to hear the petition; and 2) had no authority to enter the injunction because petitioner's transfer to Iraqi authorities would afford him all the relief he seeks, i.e., release from U.S. custody.

Appellate Information

• Decided 02/09/2007
• Published 02/09/2007

Judges

• Before:  TATEL and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gregory G. Garre, Deputy Solicitor General, U.S. Department of Justice, argued the cause for appellants.   With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, Gregory G. Katsas, Deputy Assistant Attorney General, David B. Salmons, Assistant to Solicitor General, Douglas Letter and Jonathan H. Levy, Attorneys.  Steve Frank, Attorney, U.S. Department of Justice, entered an appearance.


• For Appellees:
  
• Aziz Z. Huq argued the cause for appellees.   With him on the brief were Susan L. Burke, Heather L. Allred, Joseph Margulies, and Jonathan L. Hafetz.