Guantanamo Detainees
Appeals Court Blocks Release of Chinese Muslims From Gitmo
Posted Oct 21, 2008 12:26 PM CST
By Molly McDonough
The U.S. Circuit Court of Appeals for the District of Columbia has halted the release of 17 Chinese Muslims from the U.S. military prison at Guantanamo Bay.
The three-judge panel wants the release blocked until it hears more legal arguments Nov. 24, the Washington Post reports.
On Oct. 7, U.S. District Judge Ricardo M. Urbina ordered the government to release the men. The same three-judge panel issued a temporary stay of that order the next day. The latest order holds until the court has a chance to make a ruling.
Urbina ruled the Constitution bars the government from holding the men indefinitely since the government no longer considers them enemy combatants. The men cannot be sent to China because China considers them terrorists and might torture them.
The detainees, known as Uighurs, support an independent homeland from China.
The government maintains it needs to hold them until adequate homes can be found.
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Comments
J.D.
Oct 21, 2008 1:21 PM CST
Only solution: return them to their site of original arrest.
The aliens have no right of entry. A judge cannot order such an alien into the country; an Art. III judge is not part of the immigration system. The judge CAN order an end to the detention if it violations the constitution, but they cannot order them into the country.
That’s the odd legal predicament of the legal notion of enemy combatants.
Return them home. Otherwise, China and judges will have usurped immigration regulation from the Executive Branch.
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