Guantanamo Uighurs derailed
Two of the judges, Karen LeCraft Henderson and A. Raymond Randolph, found that Urbina overstepped his authority in ordering such a remedy. Only the Executive Branch and Congress have the power to allow people to enter the United States, they ruled.
“The question here is not whether petitioners should be released, but where,” Randolph wrote in an 18-page opinion. “Never in the history of habeas corpus has any court thought it had the power to order an alien held overseas brought into the sovereign territory of a nation and released into the general population.”
In an opinion concurring with Randolph and Henderson, judge Judith W. Rogers wrote that Urbina had the right to order the release of the Uighurs into the United States but had acted “prematurely.”