RASUL V. BUSH
542 U.S. 466 (2004)
NATURE OF THE CASE: Rasul (Ps) filed suits under federal law challenging the legality of their detention, alleging that they had never been combatants against the United States or engaged in terrorist acts, and that they have never been charged with wrongdoing, permitted to consult counsel, or provided access to courts or other tribunals. The District Court construed the suits as habeas petitions and dismissed them for want of jurisdiction. The Court of Appeals affirmed. The Supreme Court granted certiorari.
FACTS: Ps are 2 Australian citizens and 12 Kuwaiti citizens who were captured abroad during hostilities between the United States and the Taliban. Since early 2002, they have been held at the Naval Base at Guantanamo Bay. Ps filed various actions in the U. S. District Court for the District of Columbia challenging the legality of their detention at the Base. Ps claim they have never been combatants against the United States nor have they ever engaged in any terrorist acts. They also allege that none have been charged with any wrongdoing, nor have they been permitted to consult with counsel, nor provided access to the courts or any other tribunal. All filed what are construed as petitions for writs of habeas corpus. The District Court dismissed them for want of jurisdiction. The court held, cited Johnson v. Eisentragerthat 'aliens detained outside the sovereign territory of the United States may not invoke a petition for a writ of habeas corpus.' The Court of Appeals affirmed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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