U.S. Supreme Court to Decide Whether Federal Courts Can Order Release of Guantanamo Detainees into the United States . . . Unless it Dismisses the Case

In Kiyemba v. Obama, No. 08-1234, the U.S. Supreme Court will decide whether a federal court exercising its habeas corpus jurisdiction may release Guantanamo Bay prisoners into the United States.

Two weeks ago, the U.S. Supreme Court ordered additional briefing on whether the case should be dismissed.  That happened after the parties informed the Court that the Swiss government had agreed to accept two of the Uighurs detained at Guantanamo.  Five others have also been offered resettlement in the Republic of Palau and elsewhere, although the detainees apparently have not yet accepted those offers. 

Solicitor General Elena Kagan told the Court that the factual premise for the case has evaporated, and that "the Court may wish to dismiss the writ of certiorari as improvidently granted."

If the case goes forward, it will be argued on Tuesday, March 23, 2010. 

(mew)