The Supreme Court issued an order (pdf) Friday in Kiyemba v. Obama, asking both sides to address, in effect, whether the case involving Uighurs detained at Guantanamo Bay should be dismissed.
The case, which was set for argument March 23, is an important test of whether a federal judge can, as part of his habeas jurisdiction, order detainees brought into the United States for release, as Judge Ricardo Urbina did in 2008. The Obama administration, like the Bush administration before it, argued that only the political branches have the power to determine which aliens can be brought into the United States. The U.S. Court of Appeals for the D.C. Circuit agreed.
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