Kiyemba v. Obama (2009)
- Docket
- 08-1234
- Decided
- 2009-01-01
Summary
Question: Does a federal district court exercising its habeas corpus jurisdiction have the power to order the release of prisoners held under Executive Order at Guantanamo Bay, Cuba into the United States? Conclusion: Not answered. In a per curiam opinion, the Supreme Court stated that most of the detainees at issue in the case had been offered resettlement in another country -- most of whom had accepted. The Court explained that this change in the underlying facts of the case may affect the legal issues presented. As the Supreme Court is not a court of first view, but rather a court of review, it remanded the case to the U.S. Court of Appeals for the D.C. Circuit to determine what further proceedings in that court or the district court are necessary for the timely disposition of the case.