Nikenia Keys
10/9/15

Case Brief:

Case Citation: Rasul V. Bush (03-334), 542 U.S. 466 (2004)

Case History:

a. Two Australian prisoners and other relatives of prisoners petitioned for actions in the U.S. District Court for the District of Columbia (Federal Court) that they were being detained at the Guantanamo Base illegally.
i. 2 Australian citizens, Mamdouh Habib, David Hicks, and 12 Kuwaiti citizens petitioned the federal court against the American forces that detained them illegally. ii. Petitioned writ of habeas corpus, court order to go before a judge.

Facts:

a. On September 11, 2001 terrorists from al Qaeda stole airliners and used them as missiles to attack America. After the attack, 3,000 Americans were killed and millions …show more content…
Whether the habeas statue has the right to judicial review of legality of imprisonment of aliens in a territory which the U.S has plenary power but not ultimate sovereignty?
b. Whether the detainment of these prisoners were illegal?
c. Did the Americans violate the U.S. constitution and the non-American rights?

Holding:

a. The U.S. District courts can hear the petitions on writ of habeas corpus by the non-American citizens that were imprisoned at the U.S. Naval base in Guantanamo Bay, Cuba.
b. The U.S has control over the base although it is in Cuba. Majority ruled in favor of the prisoners.

Significance:
a. This case is important because it emphasizes the importance of non-American or alien’s rights to petition habeas corpus while being imprisoned on a naval base that is not physically in the U.S. Their imprisonment violated the U.S constitutional rights even though they weren’t in the United States. These rights extends to territories outside the U.S, such as the Guantanamo Bay in Cuba.

Concurring/Dissenting Opinions:

a. Concurring opinion of Justice Kennedy.
i. The court’s decision was right to rule that the federal court does have the power and authority to consider whether the imprisonment of the non-American people was