Abu Abdul Raouf Zalita v. George W. Bush
Encyclopedia
Zalita v. Bush
is a writ of habeas corpus
filed on behalf of Guantanamo captive Abu Abdul Rauf Zalita
before US District Court Judge
Ricardo M. Urbina
.
On January 2, 2008 the Project to Enforce the Geneva Conventions named Zalita v. Bush on a list of "notable GTMO and related cases".
The United States Supreme Court's May 1, 2007 decision not to review the ruling of a lower court that the Military Commissions Act
had stripped the Judicial Branch of jurisdiction over Guantanamo captives was described as a victory for the Bush
Presidency.
However, following its ruling in Boumediene v. Bush
, which restored the Guantanamo captives' access to the US justice system the Supreme Court particularly directed the circuit court to reconsider Zalita's case.
mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
On April 25, 2007 a request that would bar camp authorities from transferring Zalita back to Libya was denied.
Zalita feared reprisals from the Government if returned to Libya. His lawyers had requested an order that would compel the executive branch to give them 30 days notice prior to transferring him from Guantanamo—enough time for them to file a request with the court to stop the executive branch.
His request was denied because the judge ruled the Military Commissions Act stripped the court of jurisdiction.
The Department of Justice cited the ruling in Zalita v. Bush in its arguments when other captives made similar appeals.
Following Urbina's April 25, 2007 ruling the Center for Constitutional Rights
filed an emergency injunction with the United States Supreme Court on May 1, 2007.
The Supreme Court declined to consider the filing.
, that the Military Commissions Act
could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
and Paul E. Ohern
and other Department of Justice
officials submitted a Joint Status Report on behalf of Zalita and several other captives.
According to the Joint Status Report
he was transferred to Guantanamo in August 2002, and his habeas petition was first filed in June 2005. He fears repatriation to Libya, and has requested asylum in Switzerland
.
According to the Joint Status Report:
is a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
filed on behalf of Guantanamo captive Abu Abdul Rauf Zalita
before US District Court Judge
Ricardo M. Urbina
Ricardo M. Urbina
Ricardo M. Urbina is a United States District Court judge in Washington, DC. He has taken senior status.Urbina earned a B.A. from Georgetown University in 1967. He received his law degree from the Law Center at Georgetown University in 1970. He began his legal career as a public defender. He...
.
On January 2, 2008 the Project to Enforce the Geneva Conventions named Zalita v. Bush on a list of "notable GTMO and related cases".
The United States Supreme Court's May 1, 2007 decision not to review the ruling of a lower court that the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
had stripped the Judicial Branch of jurisdiction over Guantanamo captives was described as a victory for the Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
Presidency.
However, following its ruling in Boumediene v. Bush
Boumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
, which restored the Guantanamo captives' access to the US justice system the Supreme Court particularly directed the circuit court to reconsider Zalita's case.
Military Commissions Act
The Military Commissions Act of 2006Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
On April 25, 2007 a request that would bar camp authorities from transferring Zalita back to Libya was denied.
Zalita feared reprisals from the Government if returned to Libya. His lawyers had requested an order that would compel the executive branch to give them 30 days notice prior to transferring him from Guantanamo—enough time for them to file a request with the court to stop the executive branch.
His request was denied because the judge ruled the Military Commissions Act stripped the court of jurisdiction.
The Department of Justice cited the ruling in Zalita v. Bush in its arguments when other captives made similar appeals.
Following Urbina's April 25, 2007 ruling the Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
filed an emergency injunction with the United States Supreme Court on May 1, 2007.
The Supreme Court declined to consider the filing.
Boumediene v. Bush
On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. BushBoumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
, that the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
Re-initiation
On 8 December 2008 Shayana D. Kadidal and other lawyers associated with the Center for Constitutional RightsCenter for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
and Paul E. Ohern
and other Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
officials submitted a Joint Status Report on behalf of Zalita and several other captives.
According to the Joint Status Report
he was transferred to Guantanamo in August 2002, and his habeas petition was first filed in June 2005. He fears repatriation to Libya, and has requested asylum in Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
.
According to the Joint Status Report:
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