Detention: Law of: D.C. Circuit Development

Reply Brief Available in Khan v. Obama

By Raffaela Wakeman
Monday, May 9, 2011, 4:00 PM

The public version of Shawali Khan’s reply brief in Khan v. Obama (No. 10-5306), a Guantanamo habeas case currently pending before the D.C. Circuit, is now available. In this case, petitioner Shawali Khan appeals Judge John Bates’s September 2010 decision denying Khan the writ of habeas corpus.

The petitioner challenges the sufficiency of the government’s evidence on several key issues, including whether Hezb-i-Islami Gulbuddin, the organization to which Judge Bates found Khan to have belonged, was an “associated force engaged in hostilities with the United States and its coalition partners” at the time of Khan’s capture in November 2002.

The petitioner’s opening brief is here. The government’s response brief is here. Oral argument in the case is scheduled for May 13, 2011 before Judges Sentelle, Ginsburg, and Garland.