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HAMDI v. RUMSFELD

No. 02-6827.

294 F.3d 598 (2002)

Yaser Esam HAMDI, Petitioner Appellee, and Christian A. Peregrim, Plaintiff, Frank Willard Dunham, Jr., as next friend of Yaser Esam Hamdi, Petitioner, v. Donald RUMSFELD, Secretary of Defense; W.R. Paulette, Commander, Respondents-Appellants, and United States Navy, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 26, 2002.

Attorney(s) appearing for the Case

ARGUED: Gregory George Garre, United States Department of Justice, Washington, D.C., for Appellants. Frank Willard Dunham, Jr., Federal Public Defender, Office of the Federal Public Defender, Norfolk, Virginia, for Appellee. ON PLEADINGS: Paul D. Clement, Deputy Solicitor General, Alice S. Fisher, Deputy Assistant Attorney General, Paul J. McNulty, United States Attorney, Lawrence R. Leonard, Managing Assistant United States Attorney, Norfolk, Virginia, for Appellants. Larry W. Shelton, Supervisory Assistant Federal Public Defender, Geremy C. Kamens, Assistant Federal Public Defender, Office of the Federal Public Defender, Norfolk, Virginia, for Appellee.

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.

WILKINSON, Chief Judge.

The Federal Public Defender for the Eastern District of Virginia and Christian Peregrim, a private citizen, filed petitions for a writ of habeas corpus as "next friend" of Yaser Esam Hamdi, a detainee at the Norfolk Naval Station Brig who was captured as an alleged enemy combatant during ongoing military...

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