Boumediene v. Bush

The Congress adopted the Detainee Treatment Act of 2005 (DTA) §1005(e) of which amended 28 U. S. C. §2241 while some of the cases of detainees held in Guantanamo Bay were in appeal since habeas corpus were cases were authorize by the case Rasul v. Bush. This act says : “no court, justice, or judge shall have jurisdiction to consider an application for habeas corpus filed by or on behalf of an alien detained at Guantanamo”. The Court holds that Guantanamo detainees have a constitutional privilege to habeas corpus.

This content has been updated on 31 December 2016 at 11 h 43 min.