| Guantanamo Detainees: Habeas
Corpus Challenges in Federal Court
Elsea, Jennifer K. and Kenneth Thomas
CRS Report for Congress, December 7, 2005. 28p
“After the U.S. Supreme Court held that U.S. courts have jurisdiction
pursuant to 28 U.S.C. § 2241 to hear legal challenges on behalf
of more than 500 persons detained at the U.S. Naval Station in Guantanamo
Bay, Cuba, in connection with the war against terrorism (Rasul v.
Bush), the Pentagon established administrative hearings, called
“Combatant Status Review Tribunals” (CSRTs), to allow the detainees
to contest their status as enemy combatants, and informed them of
their right to pursue relief in federal court by seeking a writ
of habeas corpus… This report provides an overview of the CSRT procedures,
summarizes court cases related to the detentions and the use of
military commissions.” Jennifer K. Elsea and Kenneth Thomas,
Legislative Attorneys, American Law Division for the Congressional
Research Service, The Library of Congress.
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to the report
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