United States DC Circuit

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.

Appellate Information

• Argued 10/02/2009
• Decided 01/05/2010
• Published 01/05/2010

Judges

• Before BROWN and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Shereen J. Charlick argued the cause for appellant. With her on the briefs were Reuben Camper Cahn, Steven F. Hubachek, and Ellis M. Johnston, III.


• For Appellees:
  
• Matthew M. Collette, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ian Gershengorn, Deputy Assistant Attorney General, and Douglas N. Letter and Robert M. Loeb, Attorneys. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.