United States DC Circuit

In habeas petitions by detainees at Bagram Air Force Base in Afghanistan, the district court's denial of defendants' motions to dismiss is reversed where the jurisdiction of the courts to afford the right to habeas relief and the protection of the Suspension Clause did not extend to aliens held in Executive detention in the Bagram detention facility in the Afghan theater of war.

Appellate Information

• Argued 01/07/2010
• Decided 05/21/2010
• Published 05/21/2010

Judges

• Before SENTELLE, Chief Judge, TATEL, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Neal Kumar Katyal, Deputy Solicitor General, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Beth S. Brinkmann, Deputy Assistant Attorney General, and Douglas N. Letter and Robert M. Loeb, Attorneys., David B. Rivkin Jr., Lee A. Casey, and Carlos Ramos-Mrosovsky were on the brief for amici curiae Special Forces Association, et al. in support of appellants.


• For Appellees:
  
• Tina Monshipour Foster argued the cause for appellees. With her on the brief were Barbara J. Olshansky and Ramzi Kassem., George Brent Mickum IV was on the brief for amici curiae Constitutional Law Scholars in support of appellees and affirmance., Walter Dellinger and Matthew Shors were on the brief for amici curiae Non-Governmental Organizations in support of appellees., Paul M. Smith and Emily Berman were on the brief for amicus curiae Retired Military Officers in support of appellees., Douglas W. Baruch was on the brief for amici curiae Professors of International Human Rights Law and Related Subjects in support of appellees.