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DC Cir.: dicta in Rasul on remand

By John Wesley Hall, Jr.

Rasul on remand in the D.C. Cir. expounds in dicta on the application of the Fourth Amendment to aliens. Rasul v. Myers, 2009 U.S. App. LEXIS 8980 (D.C. Cir. April 24, 2009) PER CURIAM: The Supreme Court vacated our decision in Rasul v. Myers, 512 F.3d 644 (D.C. Cir. 2008) (Rasul I), and remanded the case for further consideration in light of Boumediene v. Bush, 128 S. Ct. 2229 (2008). Rasul v. Myers, 129 S. Ct. 763 (2008). We do not believe Boumediene changes the outcome in Rasul I. We therefore reinstate our judgment, but on a more limited basis. We have before us four British nationals who brought an action alleging that they were illegally detained and mistreated at the United States Naval Base at Guantanamo Bay, Cuba, from 2002 until their release in 2004...continue to full post

Full post as published by Fourth Amendment on May 01, 2009 (boomark / email).