United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued December 11, 2019 Decided May 15, 2020 No. 18-5297 ABDUL RAZAK ALI, DETAINEE, APPELLANT v. DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL., APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:10-cv-01020) 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 was on the brief for amicus curiae Human Rights First in support of petitioner-appellant. 2 Sharon Swingle, Attorney, 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. Before: ROGERS and MILLETT, Circuit Judges, and RANDOLPH, Senior Circuit Judge. Opinion for the Court filed by Circuit Judge MILLETT. Opinion concurring in the judgment filed by Senior Circuit Judge RANDOLPH. MILLETT, Circuit Judge: 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 Bay, and that his ongoing detention violates both the procedural and substantive aspects of the Due Process Clause. Those broad arguments are foreclosed by circuit precedent. To be sure, whether and which particular aspects of the Due Process Clause apply to detainees at Guantanamo Bay largely remain open questions in this circuit. So too does the question of what procedural protections the Suspension Clause requires. But Ali has eschewed any such calibrated or as- applied constitutional arguments in this case. For those reasons, the district court’s denial of Ali’s petition for a writ of habeas corpus is affirmed. 3 I A Shortly after the September 11, 2001 terrorist attacks, Congress passed the Authorization for Use of Military Force (“AUMF”), Pub. L. No. 107-40, 115 Stat. 224 (2001). That law empowers the President “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001[.]” Id. § 2(a), 115 Stat. at 224. This includes the detention of “those who are part of forces associated with Al Qaeda or the Taliban[.]” Al-Madhwani v. Obama, 642 F.3d 1071, 1073–1074 (D.C. Cir. 2011) (quoting Al-Bihani v. Obama, 590 F.3d 866, 872 (D.C. Cir. 2010)); see also Hamdi v. Rumsfeld, 542 U.S. 507, 516, 518–519 (2004) (plurality opinion). Congress subsequently passed the National Defense Authorization Act for Fiscal Year 2012, Pub. L. No. 112-81, 125 Stat. 1298 (2011). That Act ...
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