DOE v. MATTIS

No. 18-5032, Consolidated with 18-5110.

928 F.3d 1 (2019)

John DOE, Appellee, v. James MATTIS, in his Official Capacity as Secretary of Defense, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Reargued April 27, 2018.

Decided May 7, 2018.

Reissued June 28, 2019.


Attorney(s) appearing for the Case

James M. Burnham , Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Jessie K. Liu , U.S. Attorney, Matthew M. Collette , and Sonia M. Carson , Attorneys, Catherine H. Dorsey , Attorney, entered an appearance.

Jonathan L. Hafetz , Brooklyn, NY, argued the cause for appellee. With him on the briefs were Arthur B. Spitzer , Washington, DC and Hina Shamsi , New York, NY.

Dissenting opinion filed by Circuit Judge Henderson.


This case involves a United States citizen who has been detained by the United States military in Iraq for several months. He seeks release from military custody in a habeas corpus action brought under the pseudonym John Doe. Doe is a citizen not only of the United States but also of Saudi Arabia.

Doe was initially...

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