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AL-BIHANI v. OBAMA

No. 09-5051.

590 F.3d 866 (2010)

Ghaleb Nassar AL-BIHANI, Appellant v. Barack OBAMA, President of the United States, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 5, 2010.

Attorney(s) appearing for the Case

Shereen J. Charlick argued the cause for appellant. With her on the briefs were Reuben Camper Cahn, Steven F. Hubachek, and Ellis M. Johnston, III.

Matthew M. Collette, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ian Gershengorn, Deputy Assistant Attorney General, and Douglas N. Letter and Robert M. Loeb, Attorneys. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge WILLIAMS.

BROWN, Circuit Judge:

Ghaleb Nassar Al-Bihani appeals the denial of his petition for a writ of habeas corpus and seeks reversal or remand. He claims his detention is unauthorized by statute and the procedures of his habeas proceeding were constitutionally infirm. We reject these claims and affirm the denial of his petition.

I

Al-Bihani, a Yemeni citizen, has been held at the U.S. naval base detention facility...

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