Al Odah v. United States is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention as enemy combatants of Guantanamo detainees.
Since that decision, Congress passed the Military Commissions Act of 2006, which restricted detainees from filing habeas corpus petitions in federal court.
Days later, on January 31, Judge Joyce Hens Green, who had been assigned in 2004 to coordinate all the habeas corpus petitions following the Rasul v. Bush decision, ruled that detainees are entitled to constitutional protections, and that the CSRT system is inadequate to the task.
On February 20, 2007, the US Court of Appeals for the District of Columbia ruled that the Boumediene and Al Odah plaintiffs, as non-citizens, were not entitled to habeas review due to the passage of the Military Commissions Act.
But, less than two months later, in its first reversal in 60 years, the Supreme Court agreed to hear the consolidated Boumediene and Al Odah case during the 2007–2008 term.
The petitioners characterized the Guantanamo Bay detention camp as "an international symbol of the Executive branch's contempt for the rule of law and a deep stain on the reputation of the United States at home and abroad."
The petitioners' brief argues that the men at Guantanamo are entitled to habeas corpus, and that the Military Commission Act violates the Constitution's suspension clause.
In addition, the respondents' legal team submits that the Military Commissions Act does not violate the suspension clause and that the plaintiffs should exhaust the review system set up by the DTA before challenging its legitimacy.
"[16] The IPS reported that "the decision of the nine justices" on the Boumediene v. Bush and Al Odah case "could bring the entire administration's detention policy down in flames -- or not.
The Times said "it is important for the Supreme Court to make clear that the detainees have a constitutional right to have a judge determine whether they are being properly held.
'"[18] The New York Times previewed the December 5, 2007 oral arguments, saying that what is at stake in the case "is whether the Supreme Court itself will continue to have a role in defining the balance [of liberty versus security] or whether, as the administration first argued four years ago, the executive branch is to have the final word".
[19] The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
On July 18, 2008 David J. Cynamon filed a "PETITIONERS' STATUS REPORT" in Al Odah, v. United States (Civil Action No.
On 12 December 2008 DoJ official John Battaglia filed a "NOTICE OF SERVICE OF UNCLASSIFIED, PROTECTED FACTUAL RETURN" with regard to Faez Mohammed Ahmed al-Kandari (ISN 552) in Civil Action No.