Latest in Guantanamo: Litigation: D.C. Circuit
The court of appeals has limited Kiyemba v. Obama and held for the first time that constitutional due process rights may apply to habeas proceedings for Guantanamo detainees.
The D.C. Circuit denied a petition from Guantanamo Bay detainee Abdul Razak Ali for an initial hearing en banc on his 16-year military detention.
On Jan. 15, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in Qassim v. Trump. This panel follows after the court’s denial on Qassim’s initial request of hearing his appeal en banc
On Tuesday, 9/11 plotter Khalid Sheikh Mohammed petitioned the D.C. Circuit for a writ of mandamus, asking that his trial by military commission be halted until the Court of Military Commissions Review appoints a panel to address contested issues in his case. The full document is below.
On Oct. 1, the following joint unclassified appendix and appellant brief were filed in the U.S. Court of Appeals for the D.C. Circuit in Qassim v. Trump.
Joint Appendix (Unclassified)
The U.S. Court of Appeals for the District of Colombia circuit denied the habeas petition of Guantanamo detainee Moath Hamza Ahmed al-Alawi, upholding the ruling of the U.S. District Court for the District of Columbia that al-Alawi is an enemy combatant who can be lawfully detained under the authority of the 2001 AUMF.
The D.C. Circuit will hear oral argument on Moath Hamza Ahmed al-Alwi’s latest challenge to his detention at Guantanamo Bay on Tuesday: here’s the current state of the proceedings.
On Friday, military judge Col. Vance Spath filed a memorandum of opposition to plaintiff Brig. Gen. John G. Baker’s petition for writ of habeas corpus. You can view the full document here:
The government has filed a brief opposing the cert petition in Bahlul v. United States.
Yesterday, in a short per curiam opinion, the U.S. Court of Appeals for the D.C. Circuit affirmed the ruling of the U.S. District Court for the District Columbia that the lower court had no jurisdiction over a motion by Guantanamo detainee Saifullah Paracha to hold certain statutory provisions unconstitutional as “bills of attainder.”