February 9, 2012
D.C. Circuit Rejects Detainee Habeas Claim
A three-judge panel of the D.C. Circuit rejected Guantanamo detainee Abdul-Rahman Abdo Abulghaith Suleiman's habeas claim earlier this week. The case is just the latest from the D.C. Circuit on habeas claims of a Guantanamo detainees.
The court applied its familiar "part of" standard and concluded that Suleiman was part of the Taliban. The panel upheld the district court's findings based on Suleiman's own testimony, an FBI report summarizing an interview, and a DOD record of an interview.
According to the court,
There is no dispute that Suleiman's travel was initiated at the suggestion of and facilitated by a Taliban recruiter, and that he traveled a well-worn path to Afghanistan frequently used by Taliban recruits. . . .
He lived at the Al-Qa'eity guesthouse for seven months. . . . His Taliban fighter housemates used it as a base to travel to and from the battlefront during the time Suleiman was there.
Op. at 5-6.
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