Today we received the public version of the petitioner's response brief in Almerfedi v. Obama (No. 10-5291), a habeas merits case. In this appeal the government seeks review of Judge Paul Friedman’s sole habeas merits opinion to date, a case in which he granted the writ to Hussain Salem Mohammad Almerfedi. Judge Friedman found the government’s evidence did not prove the petitioner had been “part of” Al Qaeda.
Also available publicly are the response and reply briefs in Abdah v. Obama (No. 10-5282), in which petitioner Yasein Khasem Mohammad Esmail appeals from Judge Henry Kennedy’s April 2010 decision denying his petition and June 2010 denial of his motion for reconsideration. Public briefing in this case is now complete (see petitioner's opening brief here), and oral argument is this Wednesday, February 16. Ben will have an argument preview soon and will write a dispatch on the argument itself.