Overseas Detention of U.S. Citizens

Justice Center Detention Case Argued Before the Supreme Court

In 2008, the Supreme Court heard two cases that asked whether U.S. citizens detained by the U.S. military at a U.S. prison in Iraq at the behest of the Iraqi government could challenge their detention in federal court. Roderick and Solange MacArthur Justice Center Attorney Joseph Margulies represented Mohammad Munaf and Shawqi Omar, who were being held by the United States at Camp Cropper in Iraq without judicial review. The Court held that there was federal jurisdiction to review the prisoners' detention, but that the jurisdiction could be exercised only in the narrow circumstance where transfer of the prisoner to the Iraqi government would pose a grave risk the prisoners might be exposed to torture.

More about Shawqi Omar's case:

• Supeme Court Opinion in case of Mohmmad Munaf and Shawqi Omar (pdf)
• Petition for Writ of Certiorari in Geren v. Omar, filed by United States (pdf)
• Opposition to Petition for Writ of Certiorari in Geren v. Omar, filed by MacArthur Justice Center and co-counsel (pdf)
• Underlying Decision of the D.C. Circuit in Omar v. Harvey (pdf)

More about Mohammad Munaf's case:

• Brief for the United States in Response to Petition for Writ of Certiorari, filed by United States (pdf)
• Underlying Decision in the D.C. Circuit in Munaf v. Geren (pdf)

More about the Supreme Court case:

• Order from Supreme Court granting certiorari in both cases and consolidating for oral argument. (pdf)
• Merits Brief for the Government, filed by the United States (pdf)
• Merits Brief for Omar and Munaf, filed by the Justice Center and co-counsel (pdf)

More amicus briefs in support of Omar and Munaf:

• Brief of the National Institute of Military Justice (pdf)
• Brief of the American Bar Association (pdf)
• Brief of the Associated Press and other journalism organizations (pdf)
• Brief of The Constitution Project and The Rutherford Institute (pdf)
• Brief of Non-Governmental Organizations (pdf)
• Brief of Professors of Constitutional Law (pdf)
• Brief of former U.S. Diplomats and National Security Specialists (pdf)