Fadi AL MAQALEH, Detainee and Ahmad Al Maqaleh, as Next Friend of Fadi Al Maqaleh, Appellees
v.
Robert M. GATES, Secretary, United States Department of Defense, et al., Appellants.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 7, 2010.
Decided May 21, 2010.
Attorney(s) appearing for the Case
Neal Kumar Katyal, Deputy Solicitor General, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Beth S. Brinkmann, Deputy Assistant Attorney General, and Douglas N. Letter and Robert M. Loeb, Attorneys.
David B. Rivkin Jr., Lee A. Casey, and Carlos Ramos-Mrosovsky were on the brief for amici curiae Special Forces Association, et al. in support of appellants.
Tina Monshipour Foster argued the cause for appellees. With her on the brief were Barbara J. Olshansky and Ramzi Kassem.
George Brent Mickum IV was on the brief for amici curiae Constitutional Law Scholars in support of appellees and affirmance.
Walter Dellinger and Matthew Shors were on the brief for amici curiae Non-Governmental Organizations in support of appellees.
Paul M. Smith and Emily Berman were on the brief for amicus curiae Retired Military Officers in support of appellees.
Douglas W. Baruch was on the brief for amici curiae Professors of International Human Rights Law and Related Subjects in support of appellees.
Opinion for the Court filed by Chief Judge SENTELLE.
United States Court of Appeals, District of Columbia Circuit.
SENTELLE, Chief Judge:
Three detainees at Bagram Air Force Base in Afghanistan petitioned the district court for habeas corpus relief from their confinement by the United States military.1 Appellants (collectively "the United States" or "the government") moved to dismiss for lack of jurisdiction based on § 7(a) of the Military Commissions Act of 2006, Pub.L. No. 109-366, 120 Stat. 2600 (2006...
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