United States DC Circuit

On a petition for habeas corpus, the District Court's order granting the petition was reversed and remanded. Petitioners sought release from Guantanamo Bay into the United States, but the executive branch, not the courts, must make such determinations.

Appellate Information

• Argued 11/24/2008
• Decided 02/18/2009
• Published 02/18/2009

Judges

• Before:  HENDERSON and ROGERS, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gregory G. Garre, Solicitor General, U.S. Department of Justice, argued the cause for appellants.   With him on the briefs were Gregory G. Katsas, Assistant Attorney General, Jonathan F. Cohn, Deputy Assistant Attorney General, and Robert E. Kopp, Thomas M. Bondy, Anne Murphy, and Sharon Swingle, Attorneys.  Scott R. McIntosh, Attorney, entered an appearance., Lucas Guttentag and Theodore D. Frank were on the brief of law professors as amici curiae, addressing Shaughnessy v. United States ex rel. Mezei and Clark v. Martinez, and supporting affirmance.


• For Appellees:
  
• Sabin Willett argued the cause for appellees.   With him on the brief were Rheba Rutkowski, Neil McGaraghan, Jason S. Pinney, Susan Baker Manning, George Clark, Eric A. Tirschwell, Michael J. Sternhell, Darren La Verne, Seema Saifee, Elizabeth P. Gilson, J. Wells Dixon, and Angela C. Vigil., Howard Schifman was on the brief for amicus curiae Uyghur American Association in support of appellees., Alex Young K. Oh and Aziz Huq were on the brief for amici curiae Brennan Center for Justice at NYU School of Law, et al. in support of appellees., David Overlock Stewart were on the brief for amici curiae Legal and Historical Scholars in support of appellees., Thomas A. Gottschalk was on the brief for amici curiae National Immigration Justice Center, et al. in support of appellees.