BISMULLAH v. GATES

Nos. 06-1197, 06-1397.

501 F.3d 178 (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.

Decided July 20, 2007.

As Amended October 23, 2007.


Attorney(s) appearing for the Case

Jeffrey I. Lang argued the cause for petitioners Haji Bismullah, et al. Sabin Willett argued the cause for petitioners Huzaifa Parhat, et al. With them on the briefs were Rheba Rutkowski, Neil G. McGaraghan, Jason S. Pinney, Susan B. Manning, John B. Missing, Jennifer R. Cowan, and Jill van Berg.

Douglas N. Letter, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General, Gregory G. Katsas, Principal Deputy Associate Attorney General, Jonathan F. Cohn, Deputy Assistant Attorney General, and Robert M. Loeb and August E. Flentje, Attorneys.

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


Opinion for the court filed by Chief Judge GINSBURG.

Concurring opinion filed by Circuit Judge ROGERS.

GINSBURG, Chief Judge:

Petitioners are eight men detained at the Naval Station at Guantánamo Bay, Cuba. Each petitioner seeks review of the determination by a Combatant Status Review Tribunal (CSRT or Tribunal) that he is an "enemy combatant." In this opinion we address the various procedural motions the parties have filed to govern our review...

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