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Conflict of Laws Keyed to Hay, 16th Ed.
Boumediene v. Bush
Citation:
553 U.S. 723 (2008)Facts
Petitioners are foreign nationals designated as enemy combatants and detained at the United States Naval Station at Guantanamo Bay, Cuba. They were apprehended in various locations including Afghanistan, Bosnia, and Gambia. None is a citizen of a nation at war with the United States. Each denies membership in al Qaeda or the Taliban. After the Supreme Court’s decision in Rasul v. Bush held that statutory habeas jurisdiction extended to Guantanamo, Congress passed the Detainee Treatment Act and later the Military Commissions Act, both attempting to strip federal courts of habeas jurisdiction over these detainees. The government established Combatant Status Review Tribunals to determine detainee status, and each petitioner appeared before a CSRT and was determined to be an enemy combatant. The detainees sought habeas corpus in federal district court, which was dismissed based on the MCA’s jurisdiction-stripping provision.
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