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OMAR v. HARVEY

No. 06-5126.

479 F.3d 1 (2007)

Sandra K. OMAR and Ahmed S. Omar, As Next Friends of Shawqi Ahmad Omar, Appellees v. Francis J. HARVEY, Secretary of the United States Army, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 9, 2007.

Attorney(s) appearing for the Case

Gregory G. Garre, Deputy Solicitor General, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, Gregory G. Katsas, Deputy Assistant Attorney General, David B. Salmons, Assistant to Solicitor General, Douglas Letter and Jonathan H. Levy, Attorneys. Steve Frank, Attorney, U.S. Department of Justice, entered an appearance.

Aziz Z. Huq argued the cause for appellees. With him on the brief were Susan L. Burke, Heather L. Allred, Joseph Margulies, and Jonathan L. Hafetz.

Before: TATEL and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge TATEL.

Opinion dissenting in part filed by Circuit Judge BROWN.

TATEL, Circuit Judge:

In this case we have before us a petition for a writ of habeas corpus filed on behalf of Shawqi Ahmad Omar, an American citizen captured and detained in Iraq by United States military forces operating as part of the Multi-National Force-Iraq. Omar has been held under the control...

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