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No Jurisdiction to Consider Habeas Petitions by Afghan Detainees

By FindLaw Staff on May 21, 2010 | Last updated on March 21, 2019
Court Also Considers a Sentencing Case

Maqaleh v. Gates, No. 09-5265, concerned habeas petitions by detainees at Bagram Air Force Base in Afghanistan.  The D.C. Circuit reversed the district court's denial of defendants' motions to dismiss, on the ground that the jurisdiction of the courts to afford the right to habeas relief and the protection of the Suspension Clause did not extend to aliens held in Executive detention in the Bagram detention facility in the Afghan theater of war.

In US v. Johnson, No. 09-3010, the court of appeals affirmed defendant's sentence for bribery of a public official, holding that, because defendant was a special police officer with the power to arrest, the district court did not err in using the Sentencing Guidelines' commentary to apply the enhancement to him.

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