Zalita V. Bush - Military Commissions Act

Military Commissions Act

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 April 25, 2007 a request that would bar camp authorities from transferring Zalita back to Libya was denied. Zalita feared reprisals from the Government if returned to Libya. His lawyers had requested an order that would compel the executive branch to give them 30 days notice prior to transferring him from Guantanamo—enough time for them to file a request with the court to stop the executive branch. His request was denied because the judge ruled the Military Commissions Act stripped the court of jurisdiction. The Department of Justice cited the ruling in Zalita v. Bush in its arguments when other captives made similar appeals.

Following Urbina's April 25, 2007 ruling the Center for Constitutional Rights filed an emergency injunction with the United States Supreme Court on May 1, 2007. The Supreme Court declined to consider the filing.

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