JANKO v. GATES

No. 12-5017.

741 F.3d 136 (2014)

Abdul Rahim Abdul Razak Al JANKO, Appellant v. Robert M. GATES, Former Secretary of Defense, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 17, 2014.


Attorney(s) appearing for the Case

Paul L. Hoffman argued the cause for the appellant. Terrence P. Collingsworth , Jennifer Green and Judith Brown Chomsky were on brief. Catherine E. Sweetser , entered an appearance.

Janis H. Brennan was on brief for amici curiae Scholars of State Law and International Law in support of the appellant.

Sydney Foster , Attorney United States Department of Justice, argued the cause for the appellees. Stuart F. Delery , Principal Deputy Assistant Attorney General, Matthew M. Collette , Attorney, Mary Hampton Mason , Senior Trial Counsel, and Siegmund F. Fuchs , Trial Attorney, were on brief.

Before: HENDERSON, ROGERS and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

As part of its global war on terrorism, the United States detained Abdul Rahim Abdul Razak al Janko in Afghanistan and at United States Naval Station Guantanamo Bay (Guantanamo) in Cuba for seven years before the district court granted him a writ of habeas corpus and ordered that diplomatic efforts be undertaken to secure his release. He now seeks to recover for...

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