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AL-ALWI v. TRUMP

No. 17-5067.

901 F.3d 294 (2018)

Moath Hamza Ahmed AL-ALWI, Appellant v. Donald J. TRUMP, President, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 7, 2018.

Attorney(s) appearing for the Case

Ramzi Kassem , New Haven, CT, argued the cause for the appellant. John J. Connolly , Brooklyn, NY, and Beth D. Jacob , were with him on the briefs.

Jennifer R. Cowan , Atlanta, GA, was on brief for the amicus curiae Experts on International Law and Foreign Relations Law in support of initial hearing En Banc.

Sonia M. Carson , Attorney, United States Department of Justice, argued the cause for the appellees. Douglas N. Letter , Matthew M. Collette and Sonia K. McNeil , Attorneys, were on brief. Sharon Swingle , Attorney, Washington, DC, entered an appearance.

Opinion for the Court filed by Circuit Judge Henderson.

Moath Hamza Ahmed Al-Alwi, a detainee at the United States Naval Base at Guantanamo Bay, Cuba, petitioned for a writ of habeas corpus. The district court denied the petition. On appeal, Al-Alwi argues that the conflict resulting in his detention is so unprecedented that the United States' authority to detain...

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