One of the more obscure habeas cases of the last few years has been El Falesteny v. Obama. The case’s key documents were sealed, both on appeal to the D.C. Circuit and during certiorari-phase litigation at the Supreme Court. During district court proceedings, El-Falesteny had challenged, among other things, the conditions of his confinement at Guantanamo as incompatible with the third Geneva Convention.
The arguments he made to the Supreme Court in support of his petition for a writ of certiorari, however, remain unclear. In any case, that Court today denied review. Thus we can add El Falesteny to the eight-strong pile (seven habeas cases and Lebron) of Guantanamo decisions that the Court recently has passed on.