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It is my humble opinion that Obama administration hopes to avoid being forced to take a side in immigration court about the Uighurs for either way they lose. Obama hopes the Supreme Court rules against him and orders that the habeas review by District Court judges during detention reviews include, as appropriate relief, the option for them to release detainees within the United States. That would provide the administration the political cover to grant detainees asylum.

Here's the kicker. The DOJ cited an earlier ruling in Friday's filing:

In Parhat v. Gates, (citations omitted), the court of appeals resolved one of the DTA cases, holding that the record before the CSRT did not support petitioner Parhat’s detention as an enemy combatant under the definition applied at that time by the Department of Defense. The court explained that, although the evidence showed that Parhat had lived and received weapons training at a Uighur camp in Afghanistan that was “run by an ETIM leader,” there was insufficient reliable evidence in the record to establish that ETIM was “associated with” al Qaeda or the Taliban or that ETIM engaged in hostilities against the United States or its coalition partners—two criteria that the government acknowledged were necessary to justify Parhat’s long-term detention. In particular, the court determined that the CSRT could not rely on unsourced intelligence reports because they did not contain sufficient explanation to allow the CSRT or the court to assess their reliability.

An immigration court judge might not be so forgiving while reviewing the intelligence about the Uighurs compared to the Real ID Act that says if you received terrorist training or associated with terrorists you are inadmissible.

And, on April 20, 2009, Obama declared the very same guy who trained some of the Uighurs, Abdul Haq, a terrorist, the head of the Uighurs' terrorist organization (ETIM/ETIP), and Haq a member of al Qaeda's shura council since 2005.

1 posted on 06/02/2009 11:47:05 AM PDT by Sergeant Tim
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To: Sergeant Tim
The Supreme Court is informed that those laws are “comprehensive and reticulated,”

Photobucket

2 posted on 06/02/2009 11:52:35 AM PDT by rfp1234 (Phodopus campbelli: household ruler since July 2007.)
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To: Sergeant Tim

Why not release them in Chicago? The Hyde Park neighborhood is nice.


3 posted on 06/02/2009 11:52:49 AM PDT by colorado tanker ("Lastly, I'd like to apologize for America's disproportionate response to Pearl Harbor . . . ")
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To: Just Lori; TheForceOfOne; SilvieWaldorfMD; Tennessee Nana; ThreePuttinDude; eastsider; del4hope; ..

Ping!


4 posted on 06/02/2009 11:55:36 AM PDT by Sergeant Tim (In the War on Terror, there is no place to run from here.)
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To: Sergeant Tim
I hope the moonbats scream for a presidential pardon, should all other attempts to free them fail.

Idiots.

5 posted on 06/02/2009 11:56:09 AM PDT by dead
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To: Sergeant Tim
The Uighurs are a very difficult problem. They are the only terrorists in custody whose home country will kill them on sight, automatic death sentence.

They're a bloodthirsty bunch but haven't committed capital offenses against us.

Wadda ya do. If we release them they are dead, if we hold them.....where? what legal status? They would be ACLU poster children.

7 posted on 06/02/2009 12:06:29 PM PDT by gandalftb (An appeaser feeds a crocodile, hoping it will eat him last......)
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To: AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; george76; ...
The administration is telling the justices that Congress has rendered them powerless to order the Uighurs' release in the United States, yet DOJ refuses to acknowledge that Congress has also rendered the president powerless to release them here. Obviously, the administration is engaging in this sleight of hand because President Obama still intends to resettle at least some of these trained terrorists in the United States.
Wait until Sotomayor gets in the robe.
11 posted on 06/02/2009 6:49:45 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
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