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GUL v. OBAMA

Nos. 10-5117, 10-5118.

652 F.3d 12 (2011)

Nazul GUL, Appellant v. Barack OBAMA, President of the United States of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 2011.

Attorney(s) appearing for the Case

Stephen R. Sady, Chief Deputy Federal Public Defender, Federal Public Defender for the District of Oregon, argued the cause for appellants. With him on the briefs were Steven T. Wax, Federal Public Defender, and Amy Baggio, Assistant Federal Public Defender.

Tony West, Assistant Attorney General, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Robert M. Loeb and Benjamin S. Kingsley, Attorneys.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The United States detained Nazul Gul and Adel Hamad for several years at the Naval Base at Guantanamo Bay. During that time, each filed with the district court a petition for a writ of habeas corpus. Prior to any hearing on the merits of their petitions, however, the United States transferred the detainees to the custody of foreign sovereigns; it did not then rescind, nor has it since rescinded, their designation as "enemy combatants."

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