Court Halts Release of Guantanamo Bay Uighurs
If you recall, a U.S. district court judge had ordered the military to release seventeen Guantanamo Bay detainees into the United States because they are not considered enemy combatants and the government cannot remove them to another country. Now the District of Columbia Circuit has stayed the order pending appeal.
Judges A. Raymond Randolph and Karen L. Henderson sided with the government and issued the order without comment; Judge Judith W. Rogers dissented, writing that the Bush administration’s legal theories were flawed. The government has argued it can detain the Uighurs without cause until it locates a new home for them.
Justice Department lawyers have argued that only the president or Congress has the legal authority to order the Uighurs’ release into the United States. They have also said that immigration laws would preclude them from entering the country because they received weapons training at a camp operated by a designated terror organization.
Oral arguments will be heard November 24. The DC Circuit panel approved the stay 2-1 without comment from the majority. Judge Judith Rogers wrote a short dissent (PDF) relying on Boumediene.