Hamama v. Adducci

OPINION & ORDER REGARDING JURISDICTION

MARK A. GOLDSMITH, United States District Judge . ,

This case pits the power of Congress to control the jurisdiction of the federal courts against the Constitution’s command that the writ of habeas corpus must be preserved. Both sides in this clash are right, in part. The Government is correct that Congress meant to strip federal district courts of jurisdiction to entertain the kind of habeas claims that Petitioners assert here challenging their repatriation to Iraq, But Petitioners are correct that extraordinary circumstances exist that will likely render…