Due Process Rights for Guantanamo Detainees [November 2, 2021]   [open pdf - 760KB]

From the Document: "The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) granted [hyperlink] a petition for rehearing 'en banc' in 'Al Hela v. Biden', vacating a three-judge panel opinion [hyperlink] holding that law-of-war prisoners detained at the U.S. Naval Station at Guantanamo Bay, Cuba, are not entitled to due process [hyperlink] under the U.S. Constitution. The decision to rehear the case may not necessarily portend good news for the detainee because the D.C. Circuit has in multiple cases [hyperlink] declined to decide the question, at one point overturning [hyperlink] a district court ruling denying that Guantanamo detainees are entitled to constitutional due process, expressly leaving the question undecided. The D.C. Circuit has preferred instead to avoid the constitutional question [hyperlink] by assuming without deciding [hyperlink] that detainees are entitled to such rights but that typically petitioners have received all of the process that is due. Consequently, it seems likely that the D.C. Circuit on rehearing 'Al Hela' will be voting on deciding whether Guantanamo detainees have due process rights, but may not necessarily decide the issue. If the D.C. Circuit determines 'Al Hela' is the proper vehicle for deciding the due process question, the answer will likely turn on which Supreme Court precedent the court deems controlling."

Report Number:
CRS Legal Sidebar, LSB10654
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Media Type:
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