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BISMULLAH v. GATES

Nos. 06-1197, 06-1397, 07-1508, 07-1509, 07-1510, 07-1511, 07-1512, 07-1523.

514 F.3d 1291 (2008)

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. Abdusabour, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, et al., Respondents. Abdusemet, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, et al., Respondents. Jalal Jalaldin, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, et al., Respondents. Khalid Ali, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, et al., Respondents. Sabir Osman, Petitioner v. Robert M. Gates, U.S. Secretary of Defense*, et al., Respondents. Hammad, Petitioner v. Robert M. Gates, Secretary of Defense and Wade F. Davis, Colonel, USA, Respondents.

United States Court of Appeals, District of Columbia Circuit.

February 1, 2008.

Attorney(s) appearing for the Case

John Barnaby Missing, Debevoise & Plimpton, LLP, Washington, DC, Jennifer Rose Cowan, Jeffrey Ira Lang, Jill Van Berg, Debevoise & Plimpton LLP, New York, NY, for Petitioners.

Robert Mark Loeb, Douglas N. Letter, Litigation Counsel, August Edward Flentje, Jonathan Fredrick Cohn, Peter Douglas Keisler, Gregory George Katsas, Department of Justice, Washington, DC, for Respondents.

Before: GINSBURG, Chief Judge, and SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL, GARLAND, BROWN, GRIFFITH, and KAVANAUGH, Circuit Judges.

Circuit Judges SENTELLE, HENDERSON, RANDOLPH, BROWN, and KAVANAUGH would grant the petition for rehearing en banc.

A separate statement concurring in the denial of rehearing en banc filed by Chief Judge GINSBURG, with whom Circuit Judges ROGERS, TATEL, and GRIFFITH join, is attached.

A separate statement concurring in the denial of rehearing en banc filed by Circuit Judge GARLAND is attached.

A separate statement dissenting from the denial of rehearing...

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