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ALI v. TRUMP

No. 18-5297.

959 F.3d 364 (2020)

Abdul Razak ALI, Detainee, Appellant v. Donald J. TRUMP, President of the United States, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 15, 2020.

Attorney(s) appearing for the Case

Shayana D. Kadidal argued the cause for appellant. With him on the briefs were J. Wells Dixon , Pardiss Kebriaei , Baher Azmy , and H. Candace Gorman .

Anil Vassanji was on the brief for amicus curiae Professor Eric Janus in support of petitioner-appellant.

Thomas Anthony Durkin and George M. Clarke III were on the brief for amici curiae Tofiq Nasser Awad Al Bihani (ISN 893) and Abdul Latif Nasser (ISN 244) supporting appellant.

Brian E. Foster , Washington, DC, was on the brief for amicus curiae Human Rights First in support of petitioner-appellant.

Sharon Swingle , Attorney, Washington, DC, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Hashim M. Mooppan , Deputy Assistant Attorney General, and Michael Shih , Attorney. Sonia M. Carson , Attorney, entered an appearance.

Opinion concurring in the judgment filed by Senior Circuit Judge Randolph.

The United States has detained appellant Abdul Razak Ali, an Algerian national, at the Guantanamo Bay Naval Base in Cuba since June 2002. In this appeal, Ali asks the court to hold that the Fifth Amendment's Due Process Clause categorically applies in full to detainees at Guantanamo...

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