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Boumediene v. Bush

Boumediene V Bush

The Background of Boumediene v. Bush:


Boumediene v. Bush was a writ of habeas corpus that was made in a civilian court of the United States on behalf of Lakhdar Boumediene—a naturalized citizen of Bosnia and Herzegovina, who was held in military detention by the United States at Guantanamo Bay detention camps in Cuba.

Guantanamo Bay is not formally a part of the United States and under the terms of the country’s lease with Cuba, the Cubans retained ultimate sovereignty over the territory, while the United States exercises complete jurisdictional control.


The case of Boumediene v. Bush was consolidated with habeas petition Al Odah v. United States to ultimately challenge the legality of Boumediene’s detention at Guantanamo Bay.


The Boumediene v. Bush Trial:


On June 12, 2008, Associated Justice Kennedy decided, for the 5-4 majority holding that the prisoners on Guantamo bay had a right to the habeas corpus under the United States Constitution. The Supreme Court ruled that the United States, by virtue of its jurisdiction and control over the base, that the country maintains “de facto” sovereignty over the territory, while Cuba retained ultimate sovereignty over the territory. This label ultimately stated that the aliens detained at the base were enemy combatants and were entitled to the writ of habeas corpus, which is protected in Article I, Section 9 of the United States Constitution. This ruling reversed the lower court’s decision, which stated that constitutional rights do not extend to the detainees at Guantanamo Bay.


The Case Profile of Boumediene v. Bush:


The following is a case profile of the legal trial eponymously titled ‘Boumediene v. Bush’:


Date of the Trial: Boumediene v. Bush was argued on December 5, 2007


Legal Classification: Administrative Law; this legal field associated with events and circumstances in which the Federal Government of the United States engages its citizens, including the administration of government programs, the creation of agencies, and the establishment of a legal, regulatory federal standard


United States Reports Case Number: 533 U.S. 723


Date of the Delivery of the Verdict: Boumediene v. Bush was decided on June 12, 2008


Legal Venue of Boumediene v. Bush: The United States Supreme Court


Judicial Officer Responsible for Ruling: Chief Justice John G. Roberts


Verdict Delivered: The United States Supreme Court, in Boumediene v. Bush, stated that suspects of foreign terrorism who are held at Guantanamo Bay in Cuba have constitutional rights to challenge their detention in the United States Court System.


Associated Legislation with regard to Boumediene v. Bush: The following statutory regulations were employed with regard to the Boumediene v. Bush trial:


Article I, Section 9 of the United States Constitution.

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