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Detention & Guantanamo

Summary from the Courtroom: Al-Alwi v. Trump Oral Argument

On Tuesday, the D.C. Circuit Court of Appeals heard oral argument in Al-Alwi v. Trump. Chief Judge Merrick Garland, Judge Karen LeCraft Henderson (joining remotely) and Judge Thomas Griffith reviewed the D.C. District Court’s dismissal of Guantanamo detainee Moath Hamza Ahmed al-Alwi’s second habeas petition.

Detention & Guantanamo

Full Audio of Oral Argument in Al-Alwi v. Trump

The U.S. Court of Appeals for the D.C. Circuit heard oral argument on Tuesday in Al-Alwi v. Trump. The panel was composed of Chief Judge Merrick Garland and Judges Karen Henderson and Thomas Griffith. Sonia M. Carson argued for the government. Ramzi Kassem argued for al-Alwi.

Listen to the full audio of the argument here.

Detention & Guantanamo

Summary: Qassim Filings on Habeas Claim

Khalid Ahmed Qassim, a Guantanamo Bay detainee from Yemen who made international headlines by writing in the Guardian about his hunger strike protesting his treatment, submitted multiple filings to the U.S. District Court for the District of Columbia on Feb. 22: a Joint Status Report (alongside the Department of Justice), a motion in limine, and a prehearing brief. This post will summarize each of these three filings.

Detention & Guantanamo

A Preview of Oral Argument in Al-Alwi v. Trump

On Tuesday, March 20, a three-judge panel of the D.C. Circuit will hear oral argument in Al-Alwi v. Trump, the case of Guantanamo detainee Moath Hamza Ahmed al-Alwi. Chief Judge Merrick Garland and Judges Karen Henderson and Thomas Griffith will review D.C. District Court Judge Richard Leon’s February 2017 dismissal of al-Alwi’s second habeas petition.

Detention & Guantanamo

First Guantanamo Detainee Transfer Under Trump is Delayed

Yesterday, U.S. officials indicated that Guantanamo Bay detainee Ahmed al-Darbi’s repatriation to his native Saudi Arabia to serve the remainder of his sentence would be delayed past the Feb. 20 deadline set forth in his 2014 plea agreement. The full statement by the spokesperson for the Office of Military Commissions, provided in response to an inquiry by the Miami Herald, reads as follows:

Detention

When Does GTMO Detention Authority Expire? A Close Look at a New Habeas Case.

Has the U.S. government’s authority to use military detention under the 2001 authorization for the use of military force (AUMF) quietly expired? So argue a group of eleven Guantanamo detainees in a habeas corpus petition filed last week.

The petition raises significant questions, but I find it unpersuasive. Here’s why:

1. A threshold issue: Haven’t these detainees already pursued habeas relief?

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