United States DC Circuit

In a Guantanamo Bay detainee's challenge to his detention, the government's motion to hold in abeyance detainee's petition for direct judicial review of the Combatant Status Review Tribunal's determination that he was an enemy combatant is granted where: 1) in light of the decision in Boumediene v. Bush, 128 S. Ct. 2229 (2008), petitioner's prior request for habeas corpus relief could be considered, potentially mooting the petition for direct review; and 2) there was a high probability that while restoring the availability of habeas relief, Boumediene simultaneously stripped the court of jurisdiction to review Detainee Treatment Act petitions.

Appellate Information

• Decided 11/04/2008
• Published 11/04/2008

Judges

• Before:  HENDERSON, RANDOLPH, and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gregory G. Katsas, Acting Assistant Attorney General, U.S. Department of Justice, Jonathan F. Cohn, Deputy Assistant Attorney General, and Douglas N. Letter, Robert M. Loeb, Barbara C. Biddle, and Jeffrey Clair, Attorneys, were on the motion to hold case in abeyance and the reply., Steven T. Wax, Federal Public Defender, Office of the Federal Public Defender for the District of Oregon, and Stephen R. Sady, Chief Deputy Federal Public Defender, were on the response.