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(1) IN
GENERAL.—Section 2241 of title 28,
United States Code, is amended by adding at the end
the following:
‘‘(e) No court, justice, or judge shall have jurisdiction
to hear or consider an application for a writ of habeas cor-
pus filed by or on behalf of an alien outside the United
States (as that term is defined in section 101(a)(38) of the
Immigration 
and 
Naturalization 
Act 
(8 
U.S.C.
1101(a)(38)) who is detained by the Department of Defense
at Guantanamo Bay, Cuba.’’.
(2) REVIEW OF DECISIONS OF COMBATANT STA-
TUS REVIEW TRIBUNALS OF PROPRIETY OF DETEN-
TION.—
(A) IN
GENERAL.—Subject to subpara-
graphs (B), (C), and (D), the United States
Court of Appeals for the District of Columbia
Circuit shall have exclusive jurisdiction to deter-
mine the validity of any decision of a Des-
ignated Civilian Official described in subsection
(b)(2) that an alien is properly detained as an
enemy combatant.
(B) LIMITATION ON CLAIMS.—The jurisdic-
tion of the United States Court of Appeals for
the District of Columbia Circuit under this
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paragraph shall be limited to claims brought by
or on behalf of an alien—
(i) who is, at the time a request for re-
view by such court is filed, detained by the
Department of Defense at Guantanamo
Bay, Cuba; and
(ii) for whom a Combatant Status Re-
view Tribunal has been conducted, pursuant
to applicable procedures specified by the
Secretary of Defense.
(C) SCOPE OF REVIEW.—The jurisdiction of
the United States Court of Appeals for the Dis-
trict of Columbia Circuit on any claims with re-
spect to an alien under this paragraph shall be
limited to the consideration of—
(i) whether the status determination of
the Combatant Status Review Tribunal
with regard to such alien applied the cor-
rect standards and was consistent with the
procedures specified by the Secretary of De-
fense for Combatant Status Review Tribu-
nals (including the requirement that the
conclusion of the Tribunal be supported by
a preponderance of the evidence and allow-
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ing a rebuttable presumption in favor the
Government’s evidence); and
(ii) whether subjecting an alien enemy
combatant to such standards and procedures
is consistent with the Constitution and laws
of the United States.
(D) TERMINATION ON RELEASE FROM CUS-
TODY.—The jurisdiction of the United States
Court of Appeals for the District of Columbia
Circuit with respect to the claims of an alien
under this paragraph shall cease upon the 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 subpara-
graphs (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 Au-
gust 31, 2005 (or any successor military order).
(B) GRANT OF REVIEW.—Review under this
paragraph—
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(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 juris-
diction 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 pro-
ceedings pursuant to the military order re-
ferred 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 Dis-
trict of Columbia Circuit on an appeal of a final
decision with respect to an alien under this