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United States DC Circuit

Kiyemba v. Obama, 08-5424

In habeas petitions challenging petitioners' detention at Guantanamo Bay, on remand from the Supreme Court, the D.C. Circuit's previous opinion is reinstated where the statutory restrictions on funding for Guantanamo detainees to return to the U.S., which applied to all Guantanamo detainees, were not legislative punishments, and they deprived petitioners of no right they already possessed.

Appellate Information

  • Argued 04/22/2010
  • Decided 05/28/2010
  • Published 05/28/2010


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


  • United States DC Circuit


  • For Appellees:
  • Sharon Swingle, Attorney, U.S. Department of Justice, argued the cause for appellants. With her on the motion for reinstatement and the opposition to appellees' motion to govern and for remand were Thomas M. Bondy and Robert M. Loeb, Attorneys., Sabin Willett argued the cause for appellees. With him on the motion to govern and for remand and the opposition to the motion for reinstatement were Rheba Rutkowski, Neil McGaraghan, Jason S. Pinney, Susan Baker Manning, George Clarke, J. Wells Dixon, Eric A. Tirschwell, Michael J. Sternhell, Darren La Verne, Seema Saifee, Elizabeth P. Gilson, Angela C. Vigil and Cori Crider.
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