Monday, November 24, 2008
A three-judge panel of the D.C. Circuit heard arguments today in the Uighur case. The issue: Whether the lower court can order the Uighurs released from Guantanamo into the United States. I posted on this previously here and here. SCOTUSblog reports on today's arguments here; the Blog of the Legal Times reports here.
Much of the argument centered on Shaughnessy v. Mezei (holding that an alien at Ellis Island, on the "threshold of initial entry" into the U.S., could be excluded without a hearing based on secret evidence related to national security), suggesting that the panel may see this in terms of authority over immigration and the range of Mezei, and not in terms of inherent or statutory (AUMF) executive authority to detain. (Arguments on these latter points worked their way into the case at earlier stages, but Judge Urbina rejected them.)