The Supreme Court today granted cert in the case of Kiyemba v. Obama, brought by the Chinese Uighurs held at Guantanamo despite being cleared for release.

Kiyemba v. Obama is a habeas corpus petition filed in the D.C. District Court on behalf of 17 innocent Uighur men who have been imprisoned in Guantánamo Bay for almost seven years. The government acknowledged as early as 2003 that the imprisoned Uighurs were improperly detained and eligible for release. They remain imprisoned because a transfer to China would be illegal as they would be at grave risk of torture or other forms of persecution; and the US government has both refused to accept the men into the US and been unwilling or unable to find other countries willing to accept them.

The issue is whether a court can order the Uighurs released into the United States when there is no other remedy. Of the 30 detainees found to be improperly detained, 18 are still being held. [More...]