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USA: Government seeks dismissal of pending Guantánamo cases

On 30 December 2005, President Bush signed the Detainee Treatment Act, which strictly limits the access of Guantánamo detainees to US federal courts. The Government then immediately filed motions to dismiss pending cases filed by Guantánamo detainees, arguing that the Act removes the jurisdiction of federal courts over both future and pending cases. Among these cases is the Hamdan case, which challenges the legality of trials by military commissions. The Supreme Court will consider whether it has jurisdiction over the case on 28 March, when it is scheduled to hear oral arguments on the merits of the case.