Almerfedi Cert Petition
Hussain Salem Mohammed Almerfedi, a Guantanamo habeas petitioner, has filed a cert petition that presents the following questions:
1. Whether the Authorization for Use of Military Force, Pub. L. No. 107-40, § 2(a), 115 Stat. 224 (2001) ("AUMF'), or Boumediene v. Bush, 553 U.S.
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Hussain Salem Mohammed Almerfedi, a Guantanamo habeas petitioner, has filed a cert petition that presents the following questions:
1. Whether the Authorization for Use of Military Force, Pub. L. No. 107-40, § 2(a), 115 Stat. 224 (2001) ("AUMF'), or Boumediene v. Bush, 553 U.S. 723 (2008), permits detention on the basis of three facts that are themselves not incriminating. 2. Whether the AUMF or Boumediene authorizes a standard of proof under which, if the government puts forward some credible evidence justifying the detainee's detention, the detainee, to prevail, must rebut government's evidence. 3. Whether the Court of Appeals' manifest unwillingness to allow Guantanamo detainees to prevail in their habeas corpus cases calls for the exercise of this Court's supervisory power.For our readers who'd like to get a complete overview of the case, here are Ben's thoughts on the D.C. Circuit opinion from June 10, the oral argument summary from April 11, the government's reply brief, the petitioner's brief, and the government's opening brief.
Ritika Singh was a project coordinator at the Brookings Institution where she focused on national security law and policy. She graduated with majors in International Affairs and Government from Skidmore College in 2011, and wrote her thesis on Russia’s energy agenda in Europe and its strategic implications for America.
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