Mahmoad Abdah, et al v. Barack Obama, et al, No. 10-5235 (D.C. Cir. 2011)
Annotate this CaseDefendant filed a petition for a writ of habeas corpus contending that he was not part of al Qaeda and therefore was not properly detained at the United States naval base in Guantanamo Bay, Cuba under the Authorization of Use of Military Force ("AUMF"). At issue was whether a "command structure" test should be used to determine whether an individual was part of al Qaeda. The court held that the facts found by the district court and on the record demonstrated that defendant was more likely than not part of al Qaeda where the determination of whether an individual was part of al Qaeda must be made on a case-by-case basis.
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