Tuesday, October 20, 2009
Kiyemba v. Obama, No. 08-1234.
Issue: May a federal district court exercising its habeas corpus jurisdiction order the release into the United States of 17 Chinese citizens detained as enemy combatants at Guantanamo Bay Naval Base, Cuba, or is it barred from doing so because the political branches have the exclusive power to determine the admissibility of aliens to United States and the district court failed to identify any statute, treaty, or constitutional provision authorizing its action?
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