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SALAHI v. OBAMA

No. 10-5087.

625 F.3d 745 (2010)

Mohammedou Ould SALAHI, Detainee, Guantanamo Bay Naval Station and Yahdih Ould Salahi, as next friend of Mohammedou Ould Salahi, Appellees v. Barack OBAMA, President of the United States, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided November 5, 2010.

Attorney(s) appearing for the Case

August E. Flentje , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Douglas N. Letter and Robert M. Loeb , Attorneys.

Theresa M. Duncan argued the cause for appellees. With her on the brief were Nancy Hollander , Jonathan L. Hafetz , Melissa A. Goodman , Linda Moreno , and Arthur B. Spitzer.

Emily Berman was on the brief for amicus curiae Non-Governmental Organizations Brennan Center for Justice and Reprieve in support of appellees. Walter Dellinger entered an appearance.

David R. Berz was on the brief for amicus curiae National Association of Criminal Defense Lawyers in support of appellees. Blair G. Brown entered an appearance.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

This case is more than merely the latest installment in a series of Guantanamo habeas appeals. The United States seeks to detain Mohammedou Ould Salahi on the grounds that he was "part of" al-Qaida not because he fought with al-Qaida or its allies against the United States, but rather because he swore an oath of allegiance to the organization, associated with its members, and helped it in various ways, including hosting its leaders and referring...

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