58 F. Supp. 3d 99
D.D.C.2014Background
- Ameziane was repatriated to Algeria; DOD returned most property but retained certain money.
- DOD policy bars returning money on detainee transfers, citing national security concerns.
- Petitioner sought return of his money via habeas petition.
- The government moved to dismiss as moot on grounds of lack of custody and no redress through habeas relief.
- Court considered jurisdiction under 28 U.S.C. § 2241(e)(2) and collateral consequences for mootness.
- Court concluded the case is moot because no custody and no cognizable collateral remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can the court hear claims for money recovery under § 2241(e)(2)? | Ameziane argues for money return as remedy. | Respondents contend § 2241(e)(2) bars such non-habeas claims. | No jurisdiction; § 2241(e)(2) bars money-recovery claims. |
| Do collateral consequences save the case from mootness? | Ameziane asserts ongoing consequences from detention. | Respondents say consequences are insufficient to redress via habeas. | Collateral consequences do not render the claim redressable through habeas. |
| Is the petition moot because petitioner is no longer in custody? | Ameziane seeks relief despite no custody. | Mootness applies without custody and no remedy. | Case is moot; no habeas relief available. |
Key Cases Cited
- Al-Zahrani v. Rodriguez, 669 F.3d 315 (D.C. Cir. 2012) (yes—§ 2241(e)(2) bars non-habeas actions against detention)
- Aamer v. Obama, 742 F.3d 1023 (D.C. Cir. 2014) (test for application of § 2241(e)(2) to habeas challenges)
- Kiyemba v. Obama, 555 F.3d 1022 (D.C. Cir. 2009) (concerning habeas and detention rights)
- Boumediene v. Bush, 553 U.S. 723 (U.S. 2008) (context for habeas rights of detainees)