Today, the Supreme Court denied certiorari over a mandamus action filed by Syrian Abdul Rahim Abdul Razak Al Ginco. While this was the first detainee challenge to be acted on since last week's Boumediene decision, it was a mandamus action rather than a habeas action and so Boumediene probably did not affect the justices’ deliberations.
Applying Boumediene, lawyers for a detainee whose case is before the Fourth Circuit have filed a supplemental brief arguing that language in Boumediene precludes the executive branch from ordering him indefinitely detained. The Supreme Court explicitly declined to reach that issue, and since that detainee – Ali Saleh Kahlah Al-Marri – had already been granted habeas rights by a prior Fourth Circuit decision, it is unclear what effect Boumediene will have on his case.
For those interested in a more detailed treatment of the Boumediene decision, the international law blog Opinio Juris is running a symposium.
