Thursday, May 3, 2012

D.C. Circuit Rejects Guantanamo Detainee Habeas Claim

A three-judge panel of the D.C. Circuit today reissued a ruling rejecting the habeas claim of a detainee at Guantanamo Bay.  The case, Alsabri v. Obama, affirms the lower court's dismissal. 

Here's the court's summary of facts:

Alsabri is a Yemeni citizen who was born and raised in Saudi Arabia.  He lived in Saudi Arabia until he was deported to Yemen in 1998, following an arrest for allegedly harboring an individual wanted for passport forgery.  In Yemen, he associated with veteran jihadist fighters, including members of al Qaeda, and decided to travel to Afghanistan to fight with the Taliban or al Qaeda.  In the summer of 2000, he traveled to Afghanistan by way of Pakistan, assisted by the Taliban and in the company of several men who expressed a desire to become martyrs.  Once in Afghanistan, Alsabri stayed at several guesthouses affiliated with the Taliban and al Qaeda.  He actively sought out and received military training from the Taliban or al Qaeda, and thereafter--with the authorization of one of Osama bin Laden's lieutenants--traveled to the front lines of the Taliban's fight against the Northern Alliance.

The court rejected Alsabri's claim that the lower court erred in finding certain facts and in concluding that he was part of the Taliban, al Qaeda, or associated forces.  It also rejected his claim that the lower court wrongly admitted certain pieces of evidence of his objection.  Finally, it rejected his claims that the district court wrongly limited his discovery, that the court wrongly admitted hearsay evidence, and that the lower court wrongly applied a preponderance-of-evidence standard instead of a clear-and-convincing-evidence standard.

There's really nothing new here, and the case is hardly a surprise.  As the court said in regard to Alsabri's legal arguments: "As is apparent, all of Alsabri's legal arguments are foreclosed by Circuit precedent, a point his counsel forthrightly acknowledges.  As is appropriate, counsel notes his disagreement with our rulings and includes the arguments in order to preserve the issues."  Op. at 22.

SDS

http://lawprofessors.typepad.com/conlaw/2012/05/dc-circuit-rejects-guantanamo-detainee-habeas-claim.html

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