PUBLIC LAW 109–148—DEC. 30, 2005
119 STAT. 2743
release of such alien from the custody of the Department of Defense. (3) REVIEW OF FINAL DECISIONS OF MILITARY COMMISSIONS.— (A) IN GENERAL.—Subject to subparagraphs (B), (C), and (D), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of any final decision rendered pursuant to Military Commission Order No. 1, dated August 31, 2005 (or any successor military order). (B) GRANT OF REVIEW.—Review under this paragraph— (i) with respect to a capital case or a case in which the alien was sentenced to a term of imprisonment of 10 years or more, shall be as of right; or (ii) with respect to any other case, shall be at the discretion of the United States Court of Appeals for the District of Columbia Circuit. (C) LIMITATION ON APPEALS.—The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit under this paragraph shall be limited to an appeal brought by or on behalf of an alien— (i) who was, at the time of the proceedings pursuant to the military order referred to in subparagraph (A), detained by the Department of Defense at Guantanamo Bay, Cuba; and (ii) for whom a final decision has been rendered pursuant to such military order. (D) SCOPE OF REVIEW.—The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit on an appeal of a final decision with respect to an alien under this paragraph shall be limited to the consideration of— (i) whether the final decision was consistent with the standards and procedures specified in the military order referred to in subparagraph (A); and (ii) to the extent the Constitution and laws of the United States are applicable, whether the use of such standards and procedures to reach the final decision is consistent with the Constitution and laws of the United States. (4) RESPONDENT.—The Secretary of Defense shall be the named respondent in any appeal to the United States Court of Appeals for the District of Columbia Circuit under this subsection. (f) CONSTRUCTION.—Nothing in this section shall be construed to confer any constitutional right on an alien detained as an enemy combatant outside the United States. (g) UNITED STATES DEFINED.—For purposes of this section, the term ‘‘United States’’, when used in a geographic sense, is as defined in section 101(a)(38) of the Immigration and Nationality Act and, in particular, does not include the United States Naval Station, Guantanamo Bay, Cuba. (h) EFFECTIVE DATE.— (1) IN GENERAL.—This section shall take effect on the date of the enactment of this Act. (2) REVIEW OF COMBATANT STATUS TRIBUNAL AND MILITARY COMMISSION DECISIONS.—Paragraphs (2) and (3) of subsection
VerDate 14-DEC-2004
07:21 Oct 30, 2006
Jkt 039194
PO 00003
Frm 00211
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.119
APPS06
PsN: PUBL003
�
