Kiyemba v. Obama, 563 U.S. 954

Petitioners Jamal Kiyemba et al. have been detained at Guantanamo Bay for years without lawful cause, as acknowledged by the Government.
The District Court ruled that petitioners were entitled to release into the United States, but the Court of Appeals disagreed.
This Court initially granted certiorari to resolve whether a district court may order release into the United States where no other remedy exists.
After remand, the Court of Appeals reinstated its prior judgment as modified and petitioners sought review in this Court.
Judge Rogers concurred in the Court of Appeals’ judgment on remand, noting offers of resettlement without evident risk of harm and the Government’s commitment to ongoing resettlement discussions.
The Court denied certiorari; the matter could be revisited if circumstances change.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Court should review the Court of Appeals’ denial of relief.	Kiyemba argues for release into the United States.	Obama argues no relief is warranted and the issue is moot.	Certiorari denied.
Effects of resettlement offers on petitioners’ claims.	Offers could support a timely resolution.	Resettlement offers are not to be dispositive.	Remand not necessary to decide given ongoing resettlement efforts.
Whether the lower courts should conduct further proceedings.	Further proceedings may be needed to effect release.	No additional proceedings required.	Court affirmed denial of certiorari; no further action required at this time.

Kiyemba v. Obama, 555 F.3d 1022 (CADC 2009) (detention and release considerations in D.C. Circuit history)
Kiyemba v. Obama, 605 F.3d 1046 (CADC 2010) (per curiam; remand proceedings on resettlement developments)
In re Guantanamo Bay Detainee Litig., 581 F. Supp. 2d 33 (D.D.C. 2008) (district court held petitioners entitled to release)