United States DC Circuit

Court lacks jurisdiction over petitions, filed pursuant to the Detainee Treatment Act, seeking review of Combatant Status Review Tribunal determinations. The provision of the Act that grants the Court jurisdiction over a Guantanamo Bay detainee's challenge to his detention as an "enemy combatant" cannot be severed from the provision that eliminates habeas jurisdiction, and the Supreme Court has deemed the latter provision unconstitutional.

Appellate Information

• Argued 11/20/2008
• Decided 01/09/2009
• Published 01/09/2009

Judges

• Before:  GINSBURG, HENDERSON, and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jennifer R. Cowan argued the cause for petitioners.   With her on the opposition were John B. Missing, Susan Baker Manning, Sabin Willett, and Rheba Rutkowski.


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General, argued the cause for respondent.   With him on the petition for rehearing were Jonathan F. Cohn, Deputy Assistant Attorney General, and Robert M. Loeb, August E. Flentje, and Henry C. Whitaker, Attorneys.