This note discusses the potential indefinite detention, also called preventative detention, of the Uighur detainees. Until early 2010, the U.S. Government had been unable to resettle seventeen Uighurs for over 5 years. In 2009, the Supreme Court, granted certiorari on the issue of whether federal courts have the authority to ―order the release of prisoners held at Guantanamo Bay 'where the Executive detention is indefinite and without authorization in law, and release into the continental United States is the only possible effective remedy.‘ However, on March 1, 2010, the Supreme Court vacated and remanded the case to the United States Court of Appeals for the District of Columbia Circuit (hereinafter “Circuit Court II”) after each detainee had “received at least one offer of resettlement in another country.”
"The Efficacy of Indefinite Detention: Assessment of Immigration Case Law in Kiyemba v. Obama,"
University of Massachusetts Law Review: Vol. 5:
1, Article 7.
Available at: https://scholarship.law.umassd.edu/umlr/vol5/iss1/7