Schonbrun Seplow Harris & Hoffman LLP files Petition for Certiorari on Behalf of Former Guantanamo Detainee

On November 26, Schonbrun Seplow Harris & Hoffman LLP lawyers Paul Hoffman and Catherine Sweetser filed a petition for certiorari on behalf of former Guantanamo detainee Abdul Rahim Abdul Razak Al Janko with assistance from the International Human Rights Clinic at UC Irvine School of Law and the University of Minnesota Law School's Human Rights Clinic. The other lawyers representing Mr. Janko are Jennifer Green, Judith Chomsky, and Terrence Collingsworth. The petition argues for the Supreme Court to take the case of an innocent man who was held and tortured at Guantanamo for seven years before a habeas court found that he was not lawfully detained. The habeas court found that from the beginning, the government lacked evidence to support Mr. Janko's detention. Mr. Janko brought both statutory and constitutional claims. The D.C. Circuit held that Congress had stripped the courts of jurisdiction over all of Mr. Janko's claims, including the constitutional claims. This decision raised important questions of both constitutional and statutory interpretation. Petitioner argues that Congress cannot take away the court's ability to oversee executive action where constitutional rights are at stake.

Schonbrun Seplow Harris & Hoffman LLP files Petition for Certiorari on Behalf of Former Guantanamo Detainee