AL ODAH v. U.S.

Nos. 02-5251, 02-5284 & 02-5288.

321 F.3d 1134 (2003)

Khaled A. F. AL ODAH, et al., Appellants, v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 11, 2003.


Attorney(s) appearing for the Case

Thomas B. Wilner and Joseph Margulies argued the cause for appellants. With them on the briefs were Neil H. Koslowe, Michael Ratner, Beth Stephens, and L. Barrett Boss.

William J. Aceves was on the briefs of amici curiae The International Centre for the Legal Protection of Human Rights and International Human Rights Organizations and Law Scholars in support of appellants.

David P. Sheldon was on the brief of amicus curiae National Association of Criminal Defense Lawyers in support of appellants.

Paul D. Clement, Deputy Solicitor General, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, U.S. Department of Justice, Gregory G. Garre and David B. Salmons, Assistants to the Solicitor General, Douglas N. Letter, Robert M. Loeb and Katherine S. Dawson, Attorneys.

Daniel J. Popeo, Richard A. Samp and Paul D. Kamenar were on the brief for amici curiae Washington Legal Foundation, et al., in support of appellees.

Before: RANDOLPH and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge RANDOLPH.

Concurring opinion filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Through their "next friends," aliens captured abroad during hostilities in Afghanistan and held abroad in United States military custody at the Guantanamo Bay Naval Base in Cuba brought three actions contesting the legality and conditions of their confinement. The ultimate question presented in each case is whether the...

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