Monday, March 1, 2010
The U.S. Supreme Court announced today that it will not consider whether it has the power to order the Executive Branch to release persons held at Guantanamo Bay who are subject to potential indefinite detention and allow them to enter the United States. The Court dismissed the appeal of seven Chinese Muslims known as Uighurs because the Uighurs have received offers of resettlement. The Pacific Island nation of Palau has offered to take five of them and Switzerland has offered to take the other two. The Court stated that these offers of resettlement change the factual basis for the case and may affect the legal issue. Accordingly, the Court vacated the judgment and remanded the case to the U.S. Court of Appeals for the District of Columbia Circuit to consider the issues in light of these new facts in the first instance. The case is Kiyemba v. Obama, No. 08-1234 and the Court's opinion can be found here.