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HAMDI v. RUMSFELD

No. 02-6895.

296 F.3d 278 (2002)

Yaser Esam HAMDI; Esam Fouad Hamdi, as next friend of Yaser Esam Hamdi, Petitioners-Appellees, v. Donald RUMSFELD; W.R. Paulette, Commander, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 2002.

Attorney(s) appearing for the Case

ARGUED: Paul D. Clement, Deputy Solicitor General, United States Department of Justice, Washington, DC, for Appellants. Geremy Charles Kamens, Assistant Federal Public Defender, Norfolk, Virginia, for Appellees. ON BRIEF: Paul J. McNulty, United States Attorney, Alice S. Fisher, Deputy Assistant Attorney General, Gregory G. Garre, Assistant to the Solicitor General, Lawrence R. Leonard, Managing Assistant United States Attorney, United States Department of Justice, Washington, D.C., for Appellants. Frank W. Dunham, Jr., Federal Public Defender, Robert J. Wagner, Assistant Federal Public Defender, Larry W. Shelton, Assistant Federal Public Defender, Norfolk, Virginia, for Appellees.

Before WILKINSON, Chief Judge, and WILKINS and TRAXLER, Circuit Judges.

Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILKINS and Judge TRAXLER joined.

OPINION

WILKINSON, Chief Judge.

Esam Fouad Hamdi has filed a petition for a writ of habeas corpus as next friend of his son, Yaser Esam Hamdi, a detainee at the Norfolk Naval Station Brig who was captured as an alleged enemy combatant during ongoing military operations in Afghanistan. In its order of June 11, 2002...

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