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Constitutional Law Keyed to Farber
Boumediene v. Bush
Citation:553 U.S. 723 (2008)
Striking down section 7 of the Military Commissions Act, which barred habeas relief for accused terrorists detained at Guantanamo Bay, Justice Kennedy defended the Court’s decision not to require the detainees to exhaust their remedies with the D.C. Circuit. The Government argues petitioners must seek review of their CSRT determinations in the Court of Appeals before they can proceed with their habeas corpus actions in the District Court. In other contexts and for prudential reasons, this Court has required exhaustion of alternative remedies before a prisoner can seek federal habeas relief. Most of these cases were brought by prisoners in state custody.
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