The Department of Justice had argued that the cases should be immediately dismissed because federal courts lack the power to hear any claims brought by non-citizens held in U.S. custody outside the geographic boundaries of the United States. In a brief order filed today, Federal Judge, the Honorable Gladys Kessler, rejected the government’s position in favor of the Bagram prisoners “until the Supreme Court has ruled definitively on the issue of this District Court’s jurisdiction” – referring to the Supreme Court’s recent decision to consider the cases of Guantanamo detainees in Boumediene v. Bush.

Eric Lewis of the law firm Baach, Robinson & Lewis who is lead counsel in the case stated “We are pleased that the District Court has rejected the US government's attempt to dismiss the petition of these Afghan detainees. We are also hopeful that the Supreme Court will strongly affirm the simple principle that in our system of government, the executive cannot hold people in custody indefinitely without the right to have the legality of their detention determined by a U.S. court. Too many innocent people have suffered in silence for too long. It is time to affirm the rule of law.”

IJN Executive Director Tina Monshipour Foster noted “Our clients are civilians who were unarmed and enjoying an evening at home with their families when U.S. forces raided their homes, took them into custody, and imprisoned them at Bagram indefinitely. They have never taken up arms or committed any hostile acts toward the United States or its allies. Today’s decision gives us hope that they may soon have their day in court so that this horrific injustice will finally come to an end.”