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HENTIF v. OBAMA

No. 12-5314.

733 F.3d 1243 (2013)

Fadhel Hussein Saleh HENTIF, Detainee and Haykal Mohammed Saleh Hentif, as Next Friend of Fadhel Hussein Saleh Hentif, Appellants v. Barack OBAMA, President of the United States, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 5, 2013.

Attorney(s) appearing for the Case

Brent Nelson Rushforth argued the cause for appellants. With him on the briefs were M. Alexander Bowie II , David Muraskin , and Robert L. Palmer.

Laura G. Ferguson , Timothy P. O'Toole , and Mia P. Haessly were on the brief for amicus curiae National Association of Criminal Defense Lawyers in support of appellants.

Anne Murphy , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Matthew M. Collette , Attorney.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

Under 28 U.S.C. § 2107, an appeal must be filed "within [sixty] days after the entry of such judgment, order or decree" to be appealed where the United States is a party. Id. § 2107(a) & (b)(1). The requirement of a timely notice of appeal under § 2107 is jurisdictional. Bowles v. Russell, 551 U.S. 205, 209, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007). The question before the court...

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