United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued September 30, 2021 Decided April 4, 2023 Reissued April 12, 2023 No. 19-5079 ABDULSALAM ALI ABDULRAHMAN AL-HELA, DETAINEE CAMP DELTA, ALSO KNOWN AS ABD AL-SALAM ALI AL-HILA AND ABDULWAHAB ALI ABDULRAHMAN AL-HELA, AS NEXT FRIEND OF ABDULSALAM ALI ABDULRAHMAN AL-HELA, APPELLANTS v. JOSEPH R. BIDEN, JR., PRESIDENT OF THE UNITED STATES, ET AL., APPELLEES On Petition for Rehearing En Banc David M. Zionts argued the cause for appellants. On the briefs were David H. Remes, Beth D. Jacob, S. William Livingston, Brian E. Foster, Andrew D. Garrahan, and Bethany Theriot. Cyril Djoukeng and Robert A. Long, Jr entered appearances. Joseph Margulies, Stephen M. Truitt, Kermit Roosevelt, III, Bruce Ackerman, Erwin Chemerinsky, Eugene R. Fidell, Eric M. Freedman, Jared Goldstein, Randy Hertz, Alan Morrison, and Laurence H. Tribe were on the brief for amicus curiae The Commonwealth Lawyers Association in support of appellants. 2 Thomas B. Wilner and Neil H. Koslowe were on the brief for amicus curiae Khalid Ahmed Qassim in support of appellants. George M. Clarke, III and Parisa Manteghi Griess were on the brief for amicus curiae Tofiq Nasser Awad Al Bihani in support of appellants. Anil K. Vassanji was on the brief for amicus curiae Professor Eric Janus in support of appellants. Mark C. Fleming and Patricia Lee Refo were on the brief for amicus curiae The American Bar Association in support of appellants. Shayana Kadidal and J. Wells Dixon were on the brief for amicus curiae The Center for Constitutional Rights in support of appellants. Jack B. Gordon was on the brief for amicus curiae Human Rights First and Reprieve US in support of appellants. Matthew S. Hellman was on the brief for amicus curiae The National Association of Criminal Defense Lawyers in support of appellants. Sarah E. Harrington, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Brian M. Boynton, Acting Assistant Attorney General at the time of argument, and Sharon Swingle and Brad Hinshelwood, Attorneys. 3 Before: SRINIVASAN, Chief Judge, HENDERSON, ROGERS *, TATEL*, MILLETT, PILLARD, WILKINS, KATSAS ∗∗, RAO, WALKER, JACKSON ∗∗∗, CHILDS**, and PAN**, Circuit Judges, and RANDOLPH, Senior Circuit Judge. Opinion for the Court filed by Circuit Judge WILKINS. Concurring opinion filed by Circuit Judge PILLARD, with whom Circuit Judges ROGERS and MILLETT join. Opinion concurring in the judgment in part and dissenting in part filed by Circuit Judge RAO, with whom Circuit Judge WALKER joins. Opinion concurring in the judgment and dissenting filed by Senior Circuit Judge RANDOLPH, with whom Circuit Judges HENDERSON and WALKER join. WILKINS, Circuit Judge: Yemeni citizen Abdulsalam Ali Abdulrahman al-Hela (“Mr. al-Hela”) challenges the basis of his detention at U.S. Naval Station Guantanamo Bay. Detained in 2004, Mr. al-Hela filed a petition for a writ of habeas corpus in 2005 pursuant to 28 U.S.C. § 2241. Pet. 2; Resp. Br. 1 (Judge Randolph mistakenly asserts that Mr. al-Hela invokes the common law, rather …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals