Al-Zahrani v. Rodriquez, No. 10-5393 (D.C. Cir. 2012)Annotate this Case
Appellants, as representatives of the estates of their deceased sons, brought this action against federal officials and employees in district court seeking money damages relating to the alleged mistreatment and eventual death of those sons while they were detained at Guantanamo Bay Naval Base, Cuba. The district court granted the motion of the United States to be substituted as defendant and the motion of the United States for dismissal of the claims. Because the court was satisfied that neither the district court nor this court had jurisdiction over the subject matter of this action due to the jurisdictional bar created by section 7(a) of the Military Commissions Act (MCA), 28 U.S.C. 2241(e), the court affirmed the judgment of dismissal, although on different grounds than those relied upon by the district court. The court held that the Supreme Court did not declare section 2241(e)(2) unconstitutional under Boumediene v. Bush and that provision retained vitality to bar those claims. Therefore, the decision of the district court dismissing the claims should be affirmed, although for lack of jurisdiction under Rule 12(b)(1) rather than for failure to state a claim under Rule 12(b)(6).