Al-Nashiri v. MacDonald, No. 12-35475 (9th Cir. 2013)
Annotate this CasePlaintiff, a noncitizen "enemy combatant" undergoing proceedings before a military commission at Guatanamo Bay, sought a declaratory judgment that the commission lacked jurisdiction to hear the charges against him because the alleged acts occurred in Yemen, where he argued no war or hostilities existed in 2000 or 2002. The court held, pursuant to Hamad v. Gates, that Section 7 of the Military Commissions Act, 28 U.S.C. 2241(e), deprived the district court of subject matter jurisdiction. Accordingly, the court affirmed the district court's dismissal of plaintiff's suit. The court rejected plaintiff’s claims challenging the constitutionality of the Act.
Court Description: Military Commissions Act. The panel affirmed the district court’s dismissal of an action brought by a plaintiff non-citizen “enemy combatant” challenging ongoing proceedings against him before a military commission at the United States Naval Base in Guantanamo Bay, Cuba. The panel held that, pursuant to Hamad v. Gates, 732 F.3d 990 (9th Cir. 2013), Section 7 of the Military Commissions Act of 2006 deprived the district court of subject matter jurisdiction over plaintiff’s claims, which were non-habeas claims. The panel rejected plaintiff’s claims challenging the constitutionality of the Military Commissions Act.
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