Parhat v. Gates

Initially, the Bush Presidency

asserted that none of the captives apprehended during the "global war on terror" were protected by the Geneva Conventions. The Bush Presidency asserted that the Guantanamo Bay Naval Base was not United States territory, and that it was not subject to United States law. Consequently, they challenged that the captives were entitled to submit writs of habeas corpus.

The Supreme Court of the United States ruled, in Rasul v. Bush, that the Guantanamo base was covered by US law.

{{main|Uyghur detainees in Guantanamo}}

Susan Baker Manning, one of Parhat's attorneys, commented:

{{cite news

| url=https://www.nytimes.com/2007/09/12/washington/12gitmo.html

| work=New York Times

| author=William Glaberson

| author-link=William Glaberson

| title=Officials Cite Danger in Revealing Detainee Data

| date= September 12, 2007

| accessdate=2007-09-12

| page=A18

}}

{{blockquote|If we're going to hold people, possibly for the rest of their lives, it seems eminently fair that we should look at all the evidence to see if they are or are not the people who should be at Guantánamo.}}

On Monday June 23, 2008, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit announced its decision of three days earlier overturning the determination of Parhat's Combatant Status Review Tribunal.

{{cite news

|url = https://www.washingtonpost.com/wp-dyn/content/article/2008/06/23/AR2008062300844.html

|title = Appeals court rules for Guantanamo prisoner

|newspaper = Washington Post

|author = James Vicini

|author-link = James Vicini

|date = June 23, 2008

|accessdate = 2008-06-23

|url-status = dead

|archiveurl = https://archive.today/20080623172915/http://www.washingtonpost.com/wp-dyn/content/article/2008/06/23/AR2008062300844.html

|archivedate = June 23, 2008

}}

{{cite news

|url = http://www.mcclatchydc.com/homepage/story/41907.html

|title = In first, court rejects military's ruling in Guantanamo case

|publisher = McClatchy News Service

|date = June 23, 2008

|accessdate = 2008-06-23

|url-status = dead

|archiveurl = https://web.archive.org/web/20080628173040/http://www.mcclatchydc.com/homepage/story/41907.html

|archivedate = June 28, 2008

}}

{{cite news

| url=http://www.iht.com/articles/ap/2008/06/23/america/NA-GEN-US-Guantanamo-Chinese-Muslim.php

| title=US appeals court rejects classification of Chinese Muslim as an enemy combatant

| publisher=International Herald Tribune

| date=June 23, 2008

| accessdate=2008-06-23

| quote=

}}

The court had only published a one paragraph announcement as its full ruling contained classified material, and an unclassified version had not yet been prepared.

On Monday June 30, 2008 the court published a 39-page opinion, written by Circuit Judge Garland.

{{cite news

| url=http://thelede.blogs.nytimes.com/2008/06/30/snark-injection-for-guantanamo-trial/?hp

| title=Snark Injection for Guantanamo Trial

| work=New York Times

| author=Mike Nizza

| author-link=Mike Nizza

| date=2008-06-30

| accessdate=2008-06-30

| quote=

}}

{{cite news

| url=http://pacer.cadc.uscourts.gov/common/opinions/200806/06-1397-1124487.pdf

| title=Huzaifa Parhat v. Gates

| publisher=United States Department of Justice

| author=Merrick B. Garland

| author-link=Merrick B. Garland

| date=2008-06-30

| accessdate=2008-06-30

| quote=

}}

{{cite news

| url=https://www.nytimes.com/2008/07/01/washington/01gitmo.html

| title=Court Is Skeptical of U.S. Evidence in Guantánamo Case

| work=New York Times

| author=William Glaberson

| author-link=William Glaberson

| date=2008-06-30

| accessdate=2008-06-30

| quote=

}}

The ruling was published with a limited number of redactions.

• Qassim v. Bush

{{Reflist}}

• {{wikisource-inline|Hufaiza Parhat, et al., v. Robert M. Gates, et al., Petitioners' motion for entry of protective order, December 18, 2006}}
• {{wikisource-inline|Hufaiza Parhat v. Robert M. Gates -- decided June 20, 2008}}
• {{caselaw source

| case = Parhat v. Gates, 532 F.3d 834 (D.C. Cir. 2008)

| courtlistener =https://www.courtlistener.com/opinion/187170/parhat-huzaifa-v-gates-robert/

| findlaw = https://caselaw.findlaw.com/us-dc-circuit/1108195.html

| googlescholar = https://scholar.google.com/scholar_case?case=3794557224195125860

| leagle =https://www.leagle.com/decision/20081366532f3d83411291

}}

Category:United States habeas corpus case law

Category:United States Court of Appeals for the District of Columbia Circuit cases

Category:2008 in United States case law

Category:Guantanamo captives' habeas corpus petitions

{{US-case-law-stub}}