Obama administration announced it would appeal Bagram habeas ruling

On April 10, 2009, the Obama administration announced is would appeal the April 2009 ruling of the US District Court for the District of Columbia which allowed detainees of Bagram Air Force Base in Afghanistan to proceed with habeas corpus challenges to their detention. The order came after application by the judge of a multi-factor test developed by the US Supreme Court in their decision in Boumediene v. Bush. The district court would proceed to hold in May 2010 in the case of Al Maqaleh v. Gates that the lower court failed to assess the significance of the armed conflict surrounding the base. The court also held that all habeas corpus petitions brought by enemy combatants who had been transferred out of US custody would no longer be heard in US courts.

Learn more about enemy combatants from the JURIST news archive and read commentary about recent court decisions affecting detainees and their rights from JURIST Guest Columnist Mark Denebeaux in Forum.


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