AL WARAFI v. OBAMA

No. 11-5276.

716 F.3d 627 (2013)

Mukhtar Yahia Naji AL WARAFI, Appellant v. Barack OBAMA, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 24, 2013.


Attorney(s) appearing for the Case

S. William Livingston argued the cause for appellant. With him on the briefs were Brian E. Foster , Jason A. Levine and David H. Remes . Alan A. Pemberton entered an appearance.

Lowell V. Sturgill Jr. , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Tony West , Assistant Attorney General, and Douglas N. Letter and Robert M. Loeb , Attorneys.

Concurring opinion filed by Circuit Judge BROWN.


SENTELLE, Senior Circuit Judge:

Appellant Mukhtar Al Warafi, a Guantanamo detainee, appeals from a judgment of the district court denying his petition for a writ of habeas corpus. Al Warafi argues that the district court erred in not affording him protection due "medical personnel" under the First Geneva Convention. Because the district court properly held that appellant has not established that he was "medical personnel," it did not err in denying his petition, and...

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