the authority to grant a writ of habeas corpus when a petition is in custody in

The authority to grant a writ of habeas corpus when a

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the authority to grant a writ of habeas corpus when a petition is “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(3) (emphasis added). * * * * * Accordingly, even if the Court concludes that Petitioner can be properly considered a “member” or “affiliate[]” of al-Qaeda despite his juvenile status, or that he can be detained on some other basis, it should grant Petitioner’s motion and order that Petitioner be released from 25 See, e.g. , UNICEF & Coalition to Stop the Use of Child Soldiers, Guide to the Optional Protocol (December 2003), available at _conflict.pdf (describing strategies for effective implementation of reintegration, including identifying the necessity of educational, vocational, and psychosocial support); see also Save the Children, Stolen Futures: The Reintegration of Children Affected by Armed Conflict (October 2007), available at . 43
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adult custody and placed into an appropriate rehabilitation and reintegration program. 26 CONCLUSION For the reasons set forth above, 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 detention and placed into a rehabilitation and reintegration program within the control of the United States. Dated: August 20, 2008 Respectfully submitted, /s/ Rebecca S. Snyder Rebecca S. Snyder D.C. Bar No. 474764 Lt. Cmdr. William C. Kuebler United States Department of Defense 1099 14th Street, NW Suite 2000E Washington, D.C. 20005 (202) 761-0133 Karl R. Thompson D.C. Bar No. 489583 O’MELVENY & MYERS LLP 1625 Eye St. NW Washington, D.C. 20006 26 A habeas petition is an appropriate vehicle for seeking this relief. It is undisputed that habeas is available when, as here, a petitioner seeks release. And even if Petitioner’s request is construed as seeking a change in conditions of confinement, such claims are also cognizable on habeas, particularly where, as here, a petitioner seeks a “quantum change in the level of custody.” Graham v. Broglin , 922 F.2d 379, 381 (7th Cir. 1991) (cited in In re Deutsch , No. 94-5310, 1995 WL 66633, at *1 (D.C. Cir. 1995)); Wilson v. Bureau of Prisons , No. 94-5387, 1995 WL 759192, at *1 (D.C. Cir. Nov. 15, 1995) (“injunctive relief claims relating to the terms and conditions of his confinement are properly pursued in a habeas action”); see also Campbell v. McGruder , 580 F.2d 521, 550 n.62 (D.C. Cir. 1978) (“habeas may afford alternative relief for inmates challenging this condition of their confinement”); Hudson v. Hardy , 424 F.2d 854, 856 n.3 (D.C. Cir. 1970) (“Habeas corpus tests not only the fact but also the form of detention.”). 44
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(202) 383-5300 Admitted Pro Hac Vice Counsel for Petitioner O.K. , Civil Action No. 04- 1136 (JDB) 45
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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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