Jalatzai v. Gates

In January 2010, we filed a petition for habeas corpus on behalf of two Afghan brothers, challenging their detention at Bagram Air Base in Afghanistan, where they had been confined for nearly two years without charges, access to counsel, access to any court, or access to the evidence against them. We asserted that they were entitled to the protection of a U.S. court because Bagram, like Guantanamo, is under the exclusive control of the United States, pursuant to an open-ended, rent-free lease from the Afghan government. On the merits, we argued that they were innocent of any conduct that would justify their detention by U.S. forces. By October 2010 both brothers had been released, and we dismissed the case as moot.