Al-Bihani v. Obama, No. 09-5051
In a habeas petition by a Yemeni Guantanamo Bay detainee, denial of the petition is affirmed where: 1) because petitioner was part of and supported a group, prior to and after September 11, 2001, that was affiliated with Al Qaeda and Taliban forces and engaged in hostilities against a U.S. Coalition partner, petitioner fell squarely within the scope of the President's statutory detention powers; 2) the Geneva Conventions required release and repatriation only at the "cessation of active hostilities," not when a war has officially ended; and 3) Hamdi's plurality opinion indirectly endorsed a preponderance standard such as that applied to petitioner's detention proceeding when it suggested due process requirements may have been satisfied by a military tribunal, the regulations of which adopt a preponderance standard.
Read Al-Bihani v. Obama, No. 09-5051
Argued October 2, 2009
Decided January 5, 2010
Opinion by Judge Brown
Concurrence by Judge Brown
Concurrence by Judge Williams
Shereen J. Charlick, Reuben Camper Cahn, Steven F. Hubachek, and Ellis M. Johnston, III, Federal Public Defender's Office, Washington, DC
Matthew M. Collette, Ian Gershengorn, Douglas N. Letter and Robert M. Loeb, Assistant U.S. Attorneys, Washington, DC
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