United States DC Circuit

In a petition for a writ of habeas corpus filed by a detainee at Guantanamo Bay, Cuba, the denial of the petition is affirmed where: 1) there was no reversible error in the district court's finding that petitioner was "part of" al Qaeda in December of 2001; and 2) prior decisions of the court of appeals clearly held that a preponderance of the evidence standard was constitutional and that there was no requirement that the government must show that a detainee would be a threat if released in order to detain him.

Appellate Information

• Argued 04/05/2010
• Decided 06/08/2010
• Published 06/08/2010

Judges

• Before SENTELLE, Chief Judge, GARLAND, Circuit Judge, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John L. Ewald argued the cause and filed the briefs for appellant. Catherine Y. Lui entered an appearance.


• For Appellees:
  
• August E. Flentje, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was Robert M. Loeb, Attorney.