No. 10-5172.

642 F.3d 1071 (2011)

Masaab Omar AL-MADHWANI, Detainee, Camp Delta and Ali Omar Madhwani, as Next Friend of Mussab Omar Al-Madhwani, Appellants v. Barack OBAMA, President of the United States et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 27, 2011.

Attorney(s) appearing for the Case

Darold W. Killmer argued the cause for the appellants. Mari Newman was on brief. Sara J. Rich entered an appearance.

August E. Flentje , Attorney, United States Department of Justice, argued the cause for the appellees. Robert M. Loeb , Attorney, was on brief.

Before: GINSBURG, HENDERSON and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge HENDERSON.


Musa'ab Omar al-Madhwani (Madhwani), a Yemeni detainee at Guantanamo Bay, Cuba, appeals the district court's denial of his petition for a writ of habeas corpus. Madhwani claims that there was insufficient evidence to find that he was "part of" al-Qaida and argues further that the district court relied on evidence outside the record, abused its discretion in denying...

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