Thursday, November 15, 2012

D.C. District Says Habeas (Still) Doesn't Extend to Bagram

Chief Judge Royce C. Lamberth (D.D.C.) ruled today in Amantullah v. Obama that a Bagram detainee does not enjoy the privilege of habeas corpus, despite new evidence that wasn't before the D.C. Circuit when it similarly ruled in Al Maqaleh v. Gates.  This ruling comes on the heels of a series of like rulings in the D.C. Disrict and shows that the courts aren't open to efforts to side-step Al Maqaleh.  In short: Habeas does not, and will not, extend to detainees at Bagram.

Here's our post on the D.C. Circuit's Al Maqaleh, with background and links; here's our most recent post on habeas at Bagram.

Amantullah, a Bagram (Afghanistan) detainee, argued that he had new evidence that should alter the jurisdictional analysis in the D.C. Circuit's Al Maqaleh case, holding that habeas doesn't extend to Bagram.  He argued several points:

  • The commencement of full-blown civilian trials of Afghan detainees at Bagram" "belies any previously articulated claim that proximity to the battlefield renders Article III judicial review impracticable."
  • The government intends to detain him indefinitely.
  • The government's new procedures, under the Detainee Review Board, are only marginally better than its procedures under the old system, but they're still flawed.
  • His own DRB found him eligible for release.
  • The government is using Bagram to evade judicial review.

The court didn't buy it.  Judge Lamberth wrote that the new evidence didn't alter the Boumediene factor analysis, and that under Al Maqaleh Amentullah's petition must be denied.

Amentullah's most compelling new evidence may have been his claim that his DRB found him eligible for release.  Here's what the court had to say about that:

But this is irrelevant to the Boumediene analysis.  As Judge Bates noted [in his most recent ruling], "whether a detainee has been cleared for release is irrelevant to whether a petitioner may be detained unlawfully."

Op. at 15.


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