Monday, April 18, 2011
The Supreme Court today denied cert. in Kiyemba v. Obama, the case involving the Chinese Muslims held without lawful cause for seven years at Guantanamo Bay.
The petitioners sought release into the United States. The district court ordered release, but the D.C. Circuit reversed. The Supreme Court first granted cert. on the question whether a district court may order release into the United States where no other remedy is available.
But the Court remanded after learning that other remedies were available--that the government offered, and the petitioners rejected, at least two offers of resettlement. The D.C. Circuit reinstated its original opinion as modified, and the petitioners again sought cert.
The Court today declined to take the case. Justice Breyer issued a statement, joined by Justices Kennedy, Ginsburg, and Sotomayor, concluding:
the lack of any meaningful challenge as to [the appropriateness of the Government's resettlement offers], and the Government's uncontested commitment to continue to work to resettle petitioners transform petitioners' claim. Under present circumstances, I see no Government-imposed obstacle to petitioners' timely release and appropriate resettlement. Accordingly, I join in the Court's denial of certiorari. Should circumstances materially change, however, petitioners may of course raise their original issue (or related issues) again in the lower courts and in this Court.
(The statement appears at the end of today's order list.)
The denial today ends this chapter (and perhaps the entire book) on the Uighurs' judicial challenges to their confinement at Guantanamo Bay.