Block on Trump's Asylum Ban Upheld by Supreme Court
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.
Argued October 2, 2009
Decided January 5, 2010
Opinion by Judge Brown
Concurrence by Judge Brown
Concurrence by Judge Williams
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