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OMAR v. McHUGH

No. 09-5410.

SANDRA K. OMAR, ET AL., Appellants, v. JOHN M. McHUGH, SECRETARY OF THE UNITED STATES ARMY, ET AL., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 2011.

Attorney(s) appearing for the Case

Joseph Margulies argued the cause for appellants. With him on the briefs were Jonathan Hafetz , Aziz Z. Huq , Emily Berman , and Eric M. Freedman .

Douglas N. Letter , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and Jonathan H. Levy , Attorney.

Opinion concurring in the judgment filed by Circuit Judge GRIFFITH.

KAVANAUGH, Circuit Judge:

Shawqi Omar is a dual citizen of Jordan and the United States. Since 2004, the U.S. military has detained Omar in Iraq based on evidence that Omar participated in al Qaeda's terrorist activities there. The United States apparently intends to transfer Omar to the custody of Iraq's government. But since 2005, Omar has pursued a habeas corpus petition in the U.S. court system seeking to block his transfer. Even though U.S. forces are detaining...

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