Kiyemba v. Bush

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Kiyemba v. Bush is a petition for habeas corpus filed on behalf of Jamal Kiyemba a captive held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba.^[1]

Susan Baker Manning is the "next friend" and lead attorney for his petition, and those of nine other men whose petitions were attached to his.

Kiyemba has been repatriated. But most of the other men remain in captivity.

The Detainee Treatment Act of 2005 (DTA) closed off the right of Guantanamo captives to submit new petitions of habeas corpus. (Pending cases were left open.) The DTA opened a path for Guantanamo captives to submit a limited appeal to Federal Courts of appeal in Washington DC.^[2] The Military Commissions Act of 2006 (MCA) closed down the pending habeas corpus cases. Attorneys for the captives have both initiated a challenge to the constitutionality of the MCA's stripping of the right to habeas corpus; and they have initiated appeals in the DC Federal Courts of appeal.

The DTA's limited avenue of appeal only allows challenges as to whether the Combatant Status Review Tribunal correctly followed their rules.

Main article: Guantanamo captives' appeals in Washington DC Courts

Manning has initiated steps to have her remaining clients status reviewed in the Washington DC courts.

[edit] References

1. ^ CIVIL DOCKET FOR CASE #: 1:05-cv-01509-RMU -- KIYEMBA et al v. BUSH et al. U.S. District Court, District of Columbia (November 9, 2005). Retrieved on 2008-01-06.
2. ^ Carol D. Leonnig. "Detainee Evidence Probe Weighed: Judge Told Guantanamo Information May Have Been Destroyed", Washington Post, Saturday, December 22, 2007, pp. Page A02. Retrieved on 2008-01-06.