CCR files habeas corpus case, Rasul v. Bush , in D.C. District Court on behalf of Hicks, Rasul, and Iqbal The habeas petition challenges the Presidential Executive Order of November 13, 2001, which authorized indefinite detention without due process of law. RASUL ET AL. After the current decision, the CCR filed the case Al Odah v. United States challenging the legality of the continued detention of Guantanamo detainees (classified as “enemy combatants”). In Rasul v. Bush, 542 U.S. 466 (2004), this Court ruled that noncitizens detained by the United States military at Guantanamo Bay have access to the writ of habeas corpus, a conclusion informed by the Court’s analysis of the common law writ. The US Military transferred Rasul, Asif Iqbal and David Hicks, who denied voluntarily joining any terrorist forces, to Guantanamo Bay in December 2001. Urgent: Support our response to COVID-19 Your gift will fund our critical work to protect voting rights, demand that vulnerable people in prisons, jails and immigration detention centers be released, and fight to ensure reproductive health care remains open and accessible to all who need it.

In a 6-to-3 opinion written by Justice John Paul Stevens, the Court found that the degree of control exercised by the United States over the Guantanamo Bay base was sufficient to trigger the application of habeas corpus rights. The various plaintiffs came to be in Guantanamo Bay by different routes, but were generally captured or arrested during the U.S. invasion of Afghanistan.

Rasul v. Bush, 542 U.S. 466 (2004), is a landmark United States Supreme Court decision establishing that the U.S. court system has the authority to decide whether foreign nationals (non-U.S. citizens) held in Guantanamo Bay were wrongfully imprisoned. Background . Rasul v. Bush - Opinion Announcement Conclusion Decision: 6 votes for Rasul, 3 vote(s) against Legal provision: 28 USC 2241-2255 (habeas corpus) Yes. Circuit Court of Appeals for the District of Columbia in the case of Rasul v. Rumsfeld. Circumstances of Capture . CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMIBA CIRCUIT No. Argued April 20, 2004—Decided June 28, 2004* Pursuant to Congress’ joint resolution authorizing the use of necessary and appropriate force against nations, organizations, or persons that planned, …

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The government offers no persuasive rebuttal to the Court’s reading of history. The brief was authored by CJA board member William Aceves and signed by a number of human rights organizations and international law scholars. The brief supports an appeal in two related lawsuits filed last year by relatives of 16 Guantánamo detainees who argued that their continued detention without any legal process violates the government’s constitutional and treaty obligations. The case incorporated sixteen habeas corpus petitions, and was renamed Boumediene v. Bush after consolidation with the 2008 case with the same name.

Amicus Briefs; Rasul v. Rumsfeld; On January 17, 2007, CJA filed an amicus brief with the U.S. Rasul V. Bush - Circumstances of Capture. v. BUSH, PRESIDENT OF THE UNITED STATES, ET AL.