KHAN v. OBAMA

No. 10-5306.

655 F.3d 20 (2011)

Shawali KHAN, Appellant v. Barack OBAMA, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided September 6, 2011.


Attorney(s) appearing for the Case

Leonard C. Goodman argued the cause and filed the briefs for appellant.

H. Thomas Byron, III , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Tony West , Assistant Attorney General, Ian Heath Gershengorn , Deputy Assistant Attorney General, and Douglas N. Letter and Robert M. Loeb , Attorneys. Michael P. Abate and Edward Himmelfarb , Attorneys, entered appearances.

Opinion for the Court filed by Circuit Judge GARLAND.


GARLAND, Circuit Judge:

Shawali Khan, a detainee at the United States naval base at Guantanamo Bay, Cuba, appeals the denial of his petition for a writ of habeas corpus. The district court found that Khan was "part of" Hezb-i-Islami Gulbuddin (HIG), an associated force of al Qaeda and the Taliban engaged in hostilities against the United States and its coalition partners. Khan's primary contention on appeal is that the district court erred in concluding that intelligence...

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