Al-Hela v. Trump, No. 19-5079 (D.C. Cir. 2020)Annotate this Case
The district court denied a habeas petition by Al Hela, a Yemeni sheik, challenging his detention at the U.S. Naval Station at Guantanamo Bay. Al Hela claims that the President lacked authority to detain him under the Authorization for Use of Military Force, 115 Stat. 224, for substantially supporting Al Qaeda and its associated forces; that he is entitled to release for due process violations; and that the discovery procedures failed to provide him with a “meaningful opportunity” to challenge his detention. The District Court for the District of Columbia has a standing case management order used in many Guantanamo habeas cases to manage discovery and to protect classified information from unwarranted disclosure.
The D.C. Circuit affirmed, finding that the President has authority to detain Al Hela, who “substantially supported” enemy forces irrespective of whether he also directly supported those forces or participated in hostilities. Al Hela’s supportive conduct was not “vitiated by the passage of time.” The proceedings below complied with the requirements of the Suspension Clause, which provides that “[t]he Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” Guantanamo detainees are entitled to a “meaningful opportunity” to challenge the basis for their detention, not a perfect one. The Due Process Clause may not be invoked by aliens without property or presence in the sovereign territory of the United States.