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BISMULLAH v. GATES

Nos. 06-1197, 06-1397.

503 F.3d 137 (2007)

Haji BISMULLAH a/k/a Haji Bismillah, and a/k/a Haji Besmella, Haji Mohammad Wali, Next Friend of Haji Bismullah, Petitioners v. Robert M. GATES, Secretary of Defense, Respondent. Huzaifa Parhat, et al., Petitioners v. Robert M. Gates, Secretary of Defense, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

October 3, 2007.

Attorney(s) appearing for the Case

Peter D. Keisler, Acting Attorney General, Paul Clement, Solicitor General, Gregory G. Katsas, Acting Associate Attorney General, Gregory G. Garre, Deputy Solicitor General, Jonathan F. Cohn, Deputy Assistant Attorney General, and Douglas N. Letter, Robert M. Loeb, August E. Flentje, and Catherine Y. Hancock, Attorneys, U.S. Department of Justice, were on the petition for rehearing for respondent.

John B. Missing, Jeffrey I. Lang, and Jennifer R. Cowan, for Huzaifa Parhat, et al., and Sabin Willett, Rheba Rutkowski, Neil McGaraghan, Jason S. Pinney, and Susan Baker Manning for Haji Bismullah, et al., were on the joint opposition to the petition for rehearing.

Before: GINSBURG, Chief Judge, and HENDERSON and ROGERS, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The petitioners are eight men detained at the Naval Station at Guantánamo Bay, Cuba. Each petitioner seeks review under the Detainee Treatment Act (DTA), Pub.L. No. 109-148, § 1005(e)(2), 119 Stat. 2742-43 (Dec. 30, 2005), of the determination by a Combatant Status Review Tribunal (CSRT or Tribunal) that he is an "enemy combatant." In our opinion of July 20, 2007, we addressed...

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