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BISMULLAH v. GATES

Nos. 06-1197, 07-1508, 07-1523.

551 F.3d 1068 (2009)

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 Abdusabour, Petitioner v. Robert M. Gates, Secretary of Defense, et al., Respondents Hammad, Petitioner v. Robert M. Gates, Secretary of Defense, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 9, 2009.

Attorney(s) appearing for the Case

Gregory G. Katsas, Assistant Attorney General, argued the cause for respondent. With him on the petition for rehearing were Jonathan F. Cohn, Deputy Assistant Attorney General, and Robert M. Loeb, August E. Flentje, and Henry C. Whitaker, Attorneys.

Jennifer R. Cowan argued the cause for petitioners. With her on the opposition were John B. Missing, Susan Baker Manning, Sabin Willett, and Rheba Rutkowski.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The petitioners, detainees held in military custody at Guantanamo Bay, each filed a petition, pursuant to the Detainee Treatment Act (DTA), for review of the determination by a Combatant Status Review Tribunal (CSRT) that he is an "enemy combatant." The Government contends we do not have jurisdiction over the detainees' petitions because the provision of the DTA that grants us subject matter jurisdiction cannot be severed from the provision...

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