Kiyemba v. Obama

Holding: The issue in this case was whether a federal judge has the authority to order the release onto U.S. soil of foreign citizens detained by the U.S. military after capture abroad, if the judge first rules that the U.S. has no authority to detain them. The case was sent back to a lower court for reconsideration in light of renewed opportunities for the release of the Guantanamo Bay detainees who brought the case.

Judgment: Vacated and remanded in a per curiam opinion on March 1, 2010.

Briefs and Documents

Merits Briefs

• Brief for Petitioners Jamal Kiyemba, et al.
• Brief for Respondents Barack Obama, et al.
• Supplemental Brief for Petitioners Jamal Kiyemba, et al.
• Supplemental Brief for Respondents Barack Obama, et al.

Amicus Briefs

• Brief for International Law Experts in Support of Petitioner
• Brief for Charles B. Gittings, Jr., in Support of Petitioner
• Brief for American Civil Liberties Union in Support of Petitioner
• Brief for Retired Federal Judges in Support of Petitioner
• Brief for the Public International Law & Policy Group in Support of Petitioner
• Brief for Scholars of Nineteenth-Century American Legal History in Support of Petitioner
• Brief for the Federal Public Defender for the District Court of Oregon in Support of Petitioner
• Brief for the Association of the Bar of The City of New York, The Brennan Center for Justice at New York University School of Law, The Constitution Project, People for the American Way Foundation, the Rutherford Institute, and the National Association of Criminal Defense Lawyers in Support of Petitioner
• Brief for the National Immigrant Justice Center, American Immigration Lawyers Association, Advocates for Human Rights, Northwest Immigrant Rights Project, Central American Resource Center, Immigrant Law Center of Minnesota, the Florence Immigrant and Refugee Rights Project, and the Pennsylvania Immigration Resource Center in Support of Petitioner
• Brief for Uyghur American Association in Support of Petitioner
• Brief for Amnesty International Human Rights Watch, and the International Commision of Jurists in Support of Petitioner
• Brief for The Right Honourable Lord Goldsmith QC And 252 Other Members of Both Houses of Parliament of The United Kingdom of Great Britain and Northern Ireland, the European Parliament, The Scottish Parliament, and The Welsh Assembly in Support of Petitioner
• Brief for International Law Experts in Support of Petitioners
• Brief for the Foundation for Defense of Democracies in Support of Respondent
• Brief for Scott C. Black, Lt. Gen. US Army (Ret.), John D. Altenburg, Maj. Gen., US Army (Ret.), James J. Carey, Rear Adm., USN (Ret.), Steven B. Kantrowitz, Rear Adm., USN (Ret.), Michael Nardotti, Maj. Gen., U.S. Army (Ret.), Thomas L. Hemingway, Brig. Gen., USAF (Ret.), Washington Legal Foundation, National Defense Committee, and Allied Educational Foundation in Support of Respondent
• Motion For Leave To File Brief Out Of Time and Brief of Immigration Reform Law Institute in Support of Respondent

Certiorari-Stage Documents

• Opinion below (DC Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply
• Brief amicus curiae of Federal Public Defender for District Court of Oregon (in support of petitioners)
• Brief amicus curiae of American Civil Liberties Union (in support of petitioners)
• Brief amici curiae of Association of the Bar of the City of New York et al. (in support of petitioners)
• Petitioners’ counsel’s letter of June 25
• Solicitor General’s letter of June 25
• Petitioners’ counsel’s letter of Sept. 10
• Solicitor General’s letter of Sept. 23