Updated Habeas Numbers
Yesterday's government win before Judge Kennedy and the D.C. Circuit's recent opinion in Al Alwi require an update to the habeas numbers, which are now as follows:
Uighur cases in which detention was deemed or conceded unlawful: 17 Petitioners’ district-court wins pending at D.C.
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Yesterday's government win before Judge Kennedy and the D.C. Circuit's recent opinion in Al Alwi require an update to the habeas numbers, which are now as follows:
Uighur cases in which detention was deemed or conceded unlawful: 17 Petitioners’ district-court wins pending at D.C. Circuit: 2 Petitioners’ district-court wins not appealed by the government or cases in which the government’s initial appeal was later dismissed: 14 Petitioners’ district-court wins resulting in a remand by the D.C. Circuit to district court, with remand pending: 2 Petitioners’ merits wins at D.C. Circuit: 0 Government’s district-court wins not appealed by the petitioner, including cases in which the petitioner’s initial appeal was later dismissed: 4 Government’s district-court wins that will likely be appealed: 2 Government’s district-court wins pending at D.C. Circuit: 7 Government’s district-court wins resulting in a remand by the D.C. Circuit to district court, with remand pending: 2 Government’s merits wins at D.C. Circuit: 11 Post-Boumediene merits decisions in which cert. has been denied: 4
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.