LATIF v. OBAMA

No. 10-5319.

666 F.3d 746 (2011)

Adnan Farhan Abdul LATIF, Detainee, Camp Delta, et al., Appellees v. Barack OBAMA, President of the United States, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided October 14, 2011.


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 Ian Heath Gershengorn , Deputy Assistant Attorney General, and Robert M. Loeb , Attorney.

Philip A. Scarborough argued the cause for appellees. On the brief were S. William Livingston , Roger A. Ford , and David H. Remes . Brian E. Foster entered an appearance.

Dissenting opinion filed by Circuit Judge TATEL.


BROWN, Circuit Judge:

The United States appeals the district court's grant of the writ of habeas corpus to detainee Adnan Farhan Abd Al Latif. Three errors in the district court's analysis require us to vacate that decision. First, the court failed to accord an official government record a presumption of regularity. Second, the district court failed to determine Latif's credibility even though the court relied on his declaration to discredit the Government's key evidence...

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