ALMERFEDI v. OBAMA

No. 10-5291.

654 F.3d 1 (2011)

Hussain Salem Mohammed ALMERFEDI, Detainee and Salem Mohammed Salem Abdulla Almerfedi, as next friend of Hussain Salem Mohammed Almerfedi, Appellees v. Barack OBAMA, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 2011.


Attorney(s) appearing for the Case

Robert M. Loeb , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Tony West , Assistant Attorney General, Ian Heath Gershengorn , Deputy Assistant Attorney General and Douglas N. Letter and Matthew M. Collette , Attorneys.

S. William Livingston argued the cause for appellees. With him on the brief were Jason A. Levine and David H. Remes , Judith B. Chomsky , Brian E. Foster , and Alan A. Pemberton entered appearances.

Opinion concurring in part and concurring in the judgment by Circuit Judge ROGERS.


SILBERMAN, Senior Circuit Judge:

The United States appeals from the district court's decision granting Hussain Salem Mohammed Almerfedi's petition for a writ of habeas corpus. The district court concluded that the government failed to demonstrate by a preponderance of the evidence that Almerfedi was, as alleged, "part of" al Qaeda. The government contends that this conclusion was erroneous because the district court incorrectly found certain evidence unreliable, thereby...

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