9 Petitioners trial before an MCA military commission and ongoing detention as

9 petitioners trial before an mca military commission

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Petitioner’s trial before an MCA military commission and ongoing detention as an “enemy combatant” are both contrary to law. This Court should therefore grant Petitioner’s Motion, issue a Writ of habeas corpus, and release him from all unlawful jurisdiction and detention. As a threshold matter, this Court has jurisdiction to hear Petitioner’s claims. The Supreme Court’s decision in Boumediene v. Bush made clear that this Court has jurisdiction to hear Petitioner’s challenges to his detention as an enemy combatant. This Court also has jurisdiction to hear Petitioner’s challenges to the military commission’s personal jurisdiction and his related pre-trial detention. Pre-trial challenges to military commission are a long-standing feature of habeas corpus jurisprudence, and form part of habeas’ common-law core. The abstention doctrine set forth in Schlesinger v. Councilman , 420 U.S. 738 (1975), is inapplicable to this case because Petitioner has raised a status-based challenge to the military commission’s personal jurisdiction. And Section 950j(b) of the MCA does not validly strip this Court of jurisdiction to hear Petitioner’s claim, because the alternate review procedures set forth in the MCA are an inadequate substitute for habeas review. On the merits, Petitioner’s impending military commission trial violates U.S. law because the MCA does not confer personal jurisdiction over juveniles. Petitioner’s detention as a putative “enemy combatant” is also unlawful because, as a former child soldier, Petitioner cannot have been a “member” or “affiliate[]” of al-Qaida. And in any event, the AUMF does not empower the President to continue to detain Petitioner as an adult. Accordingly, this Court should grant Petitioner’s Motion, issue the Writ, enjoin Petitioner from being tried by an MCA military commission, and either order Petitioner returned to the custody of his home country for placement into a rehabilitation and reintegration program, or order him released from adult 10
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detention and placed into a rehabilitation and reintegration program under United States control. I. THIS COURT HAS JURISDICTION TO HEAR PETITIONER’S CLAIMS A. Habeas Corpus Is an Appropriate Vehicle for Petitioner’s Detention-Related Claims Initially, there is no serious dispute that this Court has jurisdiction to hear Petitioner’s detention-related habeas claims, including the two detention-related claims raised in this Motion. See Sections III & IV infra . In Boumediene , the Supreme Court squarely held that the Suspension Clause of the Constitution “has full effect at Guantánamo Bay;” that Section 7 of the MCA (which purported to prevent federal courts from hearing habeas petitions filed by detainees at Guantánamo Bay) was an unconstitutional suspension of the writ of habeas corpus; that detainees need not exhaust the alternate procedures available in the DTA; and therefore that detainees held at Guantánamo Bay have the right to file habeas petitions challenging their detention. Boumediene , 128 S. Ct. at 2262, 2274-75.
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  • Summer '16
  • Ramon Wawire
  • Supreme Court of the United States, Habeas corpus, Hamdan v. Rumsfeld, Boumediene v. Bush, military commission

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