The Uighur detainees we referred to earlier this week yesterday lost an appeal for en banc rehearing of the Justice Department's petition for a stay of the trial court's order releasing them into the U.S. mainland.
Scotusblog reports DOJ has filed a merits brief, arguing in essence that while the Uighurs can't be returned to China because of a fear of torture or death, a decision not to return them to China is distinct from a decision to permit them long-term entry into the United States, to which DOJ argues they have no statutory or Constitutional right. Marty Lederman's discussion of the issue is here.
