Abdulsalam Ali Al-Hela v. Joseph Biden (REISSUED), No. 19-5079 (D.C. Cir. 2023)
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Appellant challenged 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. Section 2241. The district court denied Appellant’s petition. On appeal, he argued that the length of his detention without trial violated the Due Process Clause. He also argued that the District Court’s procedural decisions and evidentiary rulings deprived him of his right under the Suspension Clause to meaningful review of, and a meaningful opportunity to challenge, the basis for his detention, as well as his rights under the Due Process Clause.
The DC Circuit affirmed. The court explained that it rejects Appellant’s claim that his procedural due process rights were violated. The court held that it need not decide whether due process protections apply to Guantanamo detainees because even assuming the Due Process Clause applies, the court found that the procedures employed by the district court to adjudicate Appellant’s habeas petition satisfy procedural due process. The court further rejected Appellant’s claims that his detention violates substantive due process because there is insufficient evidence that he was an enemy combatant or solely because of the lengthy duration of the military conflict. The court concluded that even assuming the Due Process Clause applies to Appellant, these claims fail on the merits. The court remanded as to Appellant’s claim that his continued detention violates substantive due process because he no longer poses a significant threat to the United States.
This opinion or order relates to an opinion or order originally issued on August 28, 2020.
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