The DC District Court has been the venue for many habeas challenges during the course of the war on terror. In April 2010 Judge Thomas Hogan dismissed as moot [JURIST report] 105 habeas corpus petitions of former Guantanamo Bay [JURIST news archive] detainees no longer in US custody, a result of the DC Circuit's decision to overturn Bates and deny habeas relief in May 2010. Hogan wrote that in deciding the case, the court was answering one of the questions left open by the Supreme Court's decision in Boumediene, "what happens to a Guantanamo detainee's habeas claim once he is transferred or released." In June 2009 Bates granted a government motion [JURIST reports] to certify and suspend several defendants' habeas petitions, pending appeal to the Circuit Court. The certification allowed the US Department of Justice (DOJ) [official website] to seek interlocutory appeal from the DC Circuit. The DC Circuit's 2010 decision to deny habeas relief drew criticism from commentators [JURIST op-ed] who stated that the decision provided the Executive Branch with virtually unlimited cover to deny human rights. Last week it was reported that the US would retain control over all non-Afghan detainees at Bagram [JURIST report], despite plans to transfer control of all Afghanistan prisons to the Afghan government within two months.
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