Legal Commentary

Hearing Today for Gitmo Uighurs Seeking Entry to U.S.

By Jeralyn

Five Chinese Uighur detainees remain at Guantanamo. They have been cleared for release. A hearing will be held today in the D.C. Circuit Court of Appeals over whether they can remain free in the U.S. The case is Kiyemba v. Obama.

They can't go back to China where they may be tortured. They don't want to go to Paulau. Why can't they stay here? The trial court judge originally said they could (the ruling is here .) That got appealed and reversed by the D.C. Court of Appeals.

The Supreme Court originally accepted the case and set it for hearing, but in March, when a third country agreed to take the Uighurs, vacated the hearing sent it back to the Court of Appeals. The Court of Appeals ruling reversing the trial judge was vacated. Last week, the Court of Appeals ordered a new hearing today. [More...]

The Supreme Court told the Appeals Court:

“[to]determine, in the first instance, what further proceedings in that court or in the District Court are necessary and appropriate for the full and prompt disposition of the case in light of the new developments.”

What the arguments today will center on:

The nub of the disagreement, though, is on the detainees’ demand for a new round of fact-gathering and the Department’s demand that the prior ruling be reinstated. If the Circuit Court were now to decide to return the case to District Court, it would go back to U.S. District Judge Ricardo M. Urbina, who in October 2008 ordered the detainees released into the U.S., to live there at least temporarily pending possible resettlement elsewhere than in China.

Free the Uighurs, let them stay here. There are places willing to accept them. Amhearst, MA has agreed to take detainees who cannot be repatriated.

Here are some profiles of the Uighurs at Guantanamo. Our prior coverage of the Uighurs is assembled here.

Full post as published by TalkLeft on April 22, 2010 (boomark / email).