On April 1st, in its consideration of 105 habeas petitions presented by non-U.S. citizens formerly held at Guantanamo, the U.S. District Court for the District of Colombia held that such petitions become moot when the individuals have been transferred to foreign countries.
The petitioners had filed their habeas petitions while still detained at Guantanamo and, following their release or transfer to third countries, had argued that the continued detention (of some) was at the behest of the U.S. government and that all suffered from collateral consequences of their detention at Guantanamo. In his opinion, Judge Thomas F. Hogan identified the issue as “one of the many questions left unanswered by the United States Supreme Court in Boumediene v. Bush“. In the words of the court, the “Petitioners ask the Court to secure their release from foreign sovereigns, void agreements between the United States Government and foreign sovereigns that impose restrictions on them, or invalidate the United States Government’s prior determination that they are enemy combatants. But the federal courts are not necessarily able to provide such relief.” Opinion at *4 (internal citations omitted). Judge Hogan relied on the Supreme Court decisions in Boumediene and Munaf v. Geren.
Judge Hogan held that, because federal courts “cannot remedy the alleged collateral consequences of their prior detention”, having no jurisdiction over claims for injunctive and declaratory relief, the habeas petitions no longer present a controversy once the petitioner has been released or transferred. Accordingly, his order dismissed the 105 petitions.