KANAI v. Geren

OPINION

PETER J. MESSITTE, District Judge.

Steven Lang Kanai, a former cadet at the United States Military Academy at West Point (“USMA” or “the Academy”), has applied for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging his “custody” by the U.S. Army. He appeals the denial of his application for discharge as a conscientious objector (“CO”) as determined by a 3-2 vote of the Department of the Army Conscientious Objector Review Board (“DACORB”). For the following reasons, Kanai’s application for a writ of habeas corpus is granted. 1

I

In June 2004, while enrolled at the University…