October 10, 2008
Update on Uighurs: Government Argues Separation of Powers in Motion for Stay
As mentioned in my earlier post (Uighurs Freed, But Now What?), the administration filed a Motion for Stay Pending Appeal and for Expidited Appeal (thanks to SCOTUS Blog for the link), arguing, among other things, that Judge Urbina's order (written version here; oral version below) violated separation of powers principles. In particular, the government argued that the political branches, not the courts, have authority over immigration matters, and that the court therefore intruded into the political branches' domain when it ordered the government to release the Uighurs into the United States. See especially pages 13 to 17 of the government's motion for the separation of powers arguments.
The Center for Constitutional Rights collects these and other documents in the case, Kiyemba v. Bush, on its web-site.
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