Federal Judiciary

En banc denied in Uighurs’ case

By Akin Gump Supreme Court Practice Group

With no noted dissents, the D.C. Circuit Court on Friday refused to grant review before the full Court of the government’s attempt to keep 17 Guantanamo Bay detainees out of the U.S., leaving the issue at least initially with a three-judge panel.  In an order released late in the day, the en banc Court of ten judges said that no judge had asked for a vote on the detainees’ plea for initial review by the full Court.

That means that the panel will go forward with a hearing on Monday, Nov. 24, at 9:30 a.m.  The panel includes Circuit Judges Karen LeCraft Henderson and Judith W. Rogers and Senior Circuit Judge A. Raymond Randolph.  Over Judge Rogers’ dissent, that panel on Oct. 20 blocked a federal judge’s order to release the 17 Chinese Muslim Uighurs, and to allow them to live at least temporarily in the U.S.

Following that stay order, the Uighurs’ lawyer sought to have the case put before the en banc Court, arguing that scores of cases were now moving forward before District Court judges, and they would be aided by resolution of their authority to order release as a remedy if habeas challenges to continued confinement succeed.

Friday’s order does not mean that either side would be barred from seeking en banc review after the panel issues its decision.

The lead case among six government appeals is Kiyemba, et al., v. Bush (08-5424).

Full post as published by SCOTUSBLOG on November 15, 2008 (boomark / email).