New D.C. Circuit Opinion: Salahi v. Obama

By Larkin Reynolds
Friday, November 5, 2010, 11:06 AM

The D.C. Circuit just released its opinion in Salahi v. Obama, the first Guantánamo merits appeal of this term.  The panel of Judges David Sentelle, David Tatel, and Janice Rogers Brown vacated the district court's opinion granting habeas to Mohammedou Salahi and remanded the case for further proceedings.

More on this opinion to come.  Readers who recall Ben's recap of the September oral argument will not find the panel's decision surprising.

UPDATE:  And, for those interested, here are new numbers:

  • Uighur cases in which detention was deemed or conceded unlawful: 17
  • Petitioners’ district-court wins pending at D.C. Circuit: 7
  • Petitioners’ district-court wins not appealed by the government: 12
  • Petitioners’ appellate-court wins resulting in a remand to district court, with remand pending: 1
  • Petitioners’ merits wins at D.C. Circuit: 0
  • Government’s district-court wins pending at D.C. Circuit: 11
  • Government’s district-court wins that will likely be appealed: 2
  • Government’s appellate-court wins resulting in a remand to district court, with remand pending: 1
  • Government’s merits wins at D.C. Circuit: 5
  • Government’s district-court wins where D.C. Circuit dismissed appeal as moot: 1
  • Post-Boumediene merits decisions in which cert. has been granted or denied: 0