Latest in Detention: Law of: D.C. Circuit Development
On Friday, the D.C. Circuit ruled in Qasim v. Trump that circuit precedent in Kiyemba v. Obama does not preclude Guantanamo detainees from claiming procedural due process violations. The ruling reverses the district court's ruling below and remands the case for consideration on the merits of the claim. The ruling is below.
On Tuesday, the U.S. Court of Appeals for the D.C. Circuit denied a motion for an initial en banc hearing in Qassim v. Trump. Judge David Tatel issued an extended concurrence, questioning the Circuit Court’s adherence to habeas precedent. The full order, with the concurrence, is below.
On Monday, Khalid Ahmed Qassim filed a motion for en banc review of Judge Thomas Hogan’s May 10 denial of a petition for habeas relief.
There’s plenty to chew on in the 79 pages of opinions from the D.C. Circuit in Doe v. Mattis—in which a divided panel affirmed a district court injunction blocking the transfer of a U.S. citizen captured in Syria and held in Iraq as an “enemy combatant” to “Country A” (which is likely Iraq) or “Country B” (which is definitely Saudi Arabia).
What to make of the court's split decision.
On Thursday, April 5, the D.C.
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.
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.
The response was filed on Friday, in the habeas case of Al-Warafi v. Obama. Have a look:
On December 30, the outgoing Chairman of the Senate Select Committee on Intelligence, Senator Dianne Feinstein, sent a letter to the White House.
The document---which was released earlier today---overviews a number of proposed reforms to U.S.