United States DC Circuit

In consolidated habeas corpus cases filed by aliens captured abroad, held as enemy combatants at the Guantanamo Bay Naval Base in Cuba, and now challenging their detention, the cases are dismissed as federal courts have no jurisdiction over these cases pursuant to the Military Commissions Act of 2006 (MCA). The MCA applies retroactively to the detainees' habeas petitions and the statute is not an unconstitutional suspension of the writ of habeas corpus.

Appellate Information

• Decided 02/20/2007
• Published 02/20/2007

Judges

• Before:  SENTELLE, RANDOLPH and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stephen H. Oleskey argued the causes for appellants in Nos. 05-5062, et al.   With him on the briefs were Louis R. Cohen, Robert C. Kirsch, Douglas F. Curtis, Mark C. Fleming, Wesley R. Powell, Julia Symon, and Christopher Land., James F. Fitzpatrick, Leslie M. Hill, and Graham J. Jenkins were on the brief for amicus curiae Global Rights in support of appellants in Nos. 05-5062, et al., Wesley R. Powell and Christopher C. Land were on the brief of amicus curiae Omar Deghayes in support of the detainees., Morton Sklar was on the brief of amicus curiae The World Organization for Human Rights USA in support of the detainees., David Overlock Stewart was on the brief of amici curiae Legal and Historical Scholars in support of the detainees., Jonathan L. Hafetz was on the brief of amici curiae British and American Habeas Scholars in support of the detainees., Steven T. Wax, Federal Public Defender, Stephen R. Sady, Ruben L. Iniguez, and Amy Baggio, Chief Deputies Federal Public Defender, Federal Public Defender for the District of Oregon, and A.J. Kramer, Federal Public Defender, Federal Public Defender for the District of Columbia, were on the brief for amicus curiae Federal Public Defender Habeas Corpus Counsel in support of the detainees., Eugene R. Fidell and Ronald W. Meister were on the brief for amicus curiae the National Institute of Military Justice in support of the detainees., Gregory G. Katsas, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for the United States of America, et al. in Nos. 05-5062, et al. and 05-5064, et al.   With him on the briefs were Paul D. Clement, Solicitor General, Peter D. Keisler, Assistant Attorney General, and Douglas N. Letter, Robert M. Loeb, Eric D. Miller, and Catherine Y. Hancock, Attorneys.  Kenneth L. Wainstein, U.S. Attorney at the time the briefs were filed, entered an appearance., Daniel J. Popeo and Richard A. Samp were on the brief of amici curiae Washington Legal Foundation and Allied Educational Foundation in support of the United States of America.


• For Appellees:
  
• Thomas B. Wilner argued the causes for the appellees/cross-appellants in Nos. 05-5064, et al.   With him on the briefs were Barbara J. Olshansky, Joe Margulies, Neil H. Koslowe, Jared A. Goldstein, L. Barrett Boss, Adrian Lee Steel, Jr., Baher Azmy, Shayana Devendra Kadidal, Barry J. Pollak, Eric M. Freedman, Richard J. Wilson, George Brent Mickum, IV, Douglas James Behr, Erwin Chemerinsky, Jonathan L. Hafetz, Muneer I. Ahmad, Pamela Rogers Chepiga, Ralph A. Taylor, Seth B. Waxman, Kevin B. Bedell, David H. Remes, Marc Falkoff, Marc A. Goldman, David J. Cynamon, and Osman Handoo.