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MAQALEH v. HAGEL

Nos. 12-5404, 12-5399, 12-5401, 12-5407, 12-5410.

738 F.3d 312 (2013)

Fadi Al MAQALEH, Detainee, and Ahmad Al Maqaleh, as Next Friend of Fadi Al Maqaleh, Appellants, v. Chuck HAGEL, Secretary, United States Department of Defense, et al., Appellees. Amanatullah, Detainee, and Abdul Razaq, as Next Friend to Amanatullah, Appellants, v. Barack Hussein Obama, President of the United States, et al., Appellees, Hamidullah, Detainee, and Wakeel Khan, as Next Friend to Hamidullah, Appellants, v. Barack Hussein Obama, President of the United States, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 24, 2013.

Attorney(s) appearing for the Case

Tina Monshipour Foster argued the cause for appellants Fadi Al Maqaleh, et al., in Nos. 12-5404, et al. Golnaz Fakhimi , Ramzi Kassem , Hope Metcalf and Sylvia Royce were on brief. Barbara J. Olshansky entered an appearance.

Eric L. Lewis argued the cause for appellants Amanatullah, et al., in No. 12-5407. Tina Monshipour Foster , Golnaz Fakhimi and A. Katherine Toomey were on brief.

John J. Connolly argued the cause for appellants Hamidullah, et al., in No. 12-5410. William J. Murphy and Cori Crider were on brief.

Sharon Swingle , Attorney, U.S. Department of Justice, argued the cause for the appellees. Stuart F. Delery , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Douglas N. Letter , Attorney, were on brief.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Over three years ago, we decided that enemy combatants held by the United States at Bagram Airfield Military Base (Bagram) in northwest Afghanistan could not invoke the Suspension Clause, U.S. CONST. art. I, § 9, cl. 2, to challenge their detentions. Al Maqaleh v. Gates, 605 F.3d 84 (D.C.Cir.2010) (Al Maqaleh II). In these three appeals, Bagram detainees once again seek access...

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