Summary

Boumediene v. Bush — IB

At the time, the habeas statute provided, in relevant part, that upon the filing of such a petition, the district court would promptly determine whether the petitioner was being held under the laws, Constitution, and treaties of the United States, utilizing the common-law procedure of a return filed by the government and a traverse filed by the petitioner.
Source: Wikisource

Boumediene v. Bush — IB

B. This court would have jurisdiction to address the detainees’ claims but for Congress’s enactment of the MCA. In Rasul, 542 U.S. at 483-84, the Supreme Court held that the federal district courts had jurisdiction to hear petitions for writs of habeas corpus filed pursuant to 28 U.S.C. § 2241 by persons detained as “enemy combatants” by the United States at the Guantanamo Bay Naval Base.
Source: Wikisource

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