The Kiyemba Paradox: Creating a Judicial Framework to Eradicate Indefinite, Unlawful Executive Detentions

Authors

• Samuel Chow, Benjamin N. Cardozo School of Law

Abstract

The article examines the Supreme Court's evolving role in reviewing detentions related to national security, particularly focusing on the writ of habeas corpus. It argues that while the Court has expanded habeas protections, significant limitations remain, especially in ordering release into the United States. The author contends that for habeas to be meaningful, courts must have the authority to grant "functional release," balancing individual liberty against executive powers. The analysis highlights key cases like Boumediene v. Bush, Munaf v. Geren, and Kiyemba v. Obama, which reveal the challenges in preventing indefinite detentions and the need for clearer judicial standards.

Disciplines

Courts | Criminal Law | Criminal Procedure | Judges | Law | Military, War, and Peace | President/Executive Department

Recommended Citation

Samuel Chow, The Kiyemba Paradox: Creating a Judicial Framework to Eradicate Indefinite, Unlawful Executive Detentions, 19 Cardozo J. Int'l & Comp. L. 775 (2011).
Available at: https://larc.cardozo.yu.edu/cjicl/vol19/iss3/8