The United States has filed its appellate brief in the case of Al-Janko v. Gates et al., a damages action brought by a former Guantanamo detainee against former government officers in their individual capacities.  (You can find more background … Read more »

In other habeas news, detainee Obaydullah has noted his appeal to the D.C. Circuit. 

Obaydullah had filed a motion for relief from judgment.  In it, he cited newly discovered evidence that—in his view—established his innocence.  But, as Alan explained in … Read more »

The D.C. district court issued two Guantánamo-related orders on Wednesday.

The first involved something of a triple habeas Hail Mary: Judge Richard Leon denied Obaydullah’s (no last name) motion for relief from (1) the court’s March 2012 denial of the … Read more »

A very interesting post from Dwight Sullivan over at the CAAFlog about a litigation of which I was previously unaware:

 . . . McClatchy’s Michael Doyle brings us word that today, Judge Leon of the United States District Court for

… Read more »

Tomorrow morning, the D.C. Circuit Court of Appeals will hear oral arguments in Obaydullah v. Obama, one of the few Guantanamo habeas cases that’s still moving in the lower courts. There was a time, not so long ago, when … Read more »

The government filed its opposition to cert in the case of Moath Hamza Ahmed Al Alwi–a Guantanamo habeas petitioner. Al Alwi filed a petition for a writ of certiorari back in December, though we missed it at the time. He … Read more »

Last month, Charlie Savage of the New York Times ran this story about an Afghan detainee at Guantanamo Bay by the name of Obaydullah–whose lawyers have made up this handy fact sheet. As Ben earlier wrote, Obaydullah lost … Read more »

On Thursday, Judge Richard Leon of the U.S. District Court in D.C. issued a little-noticed decision granting dismissal in Al Janko v. Gates. The case is noteworthy, however, because Al Janko–unlike other former detainees who have filed civil suits–“is … Read more »

In just over two weeks following oral argument, the D.C. Circuit today issued its opinion in Al Warafi v. Obama. The panel affirmed Judge Lamberth’s decision in part, but also remanded in part.

Al Warafi is the habeas … Read more »

Today Judge Leon released his brief unclassified opinion in Razak Ali v. Obama, a Guantanamo habeas merits case.  In the order Judge Leon denies the petition of Abdul Razak Ali, an Algerian who also goes by the name Saeed … Read more »

I just returned from the D.C. Circuit’s Al Alwi oral argument–or, at least, the portion of it that the court conducted in open session. Here is a quick and dirty summary.

Al Alwi is not one of the important Guantanamo … Read more »

(with Benjamin Wittes)

On Thursday, D.C. Circuit Judges David Tatel, Merrick Garland, and Stephen Williams will hear oral arguments in Al Alwi v. Obama. The argument will proceed in open session, followed by a closed session if necessary. Ramzi … Read more »

Judge Richard Leon has issued an opinion denying a writ of habeas corpus to an Afghan national named Obaydullah in the latest Guantanamo habeas case. The brief opinion follows Judge Leon’s usual practice of issuing a separate unclassified opinion that … Read more »

The Al Kandari opinion declassified yesterday does not present a particularly interesting fact pattern. The case, however, is deeply interesting in one respect, which is that it shows methodological movement in the district court on the question of the burden … Read more »

It isn’t every day that someone sends me a 5,700 word critique of, well, my own work and asks me to publish it. But today, David Remes, who represents a number of Guantanamo clients, sent me a document entitled “Why … Read more »