D.C. Circuit Issues Stay in Almerfedi
Published by The Lawfare Institute
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Yesterday the D.C. Circuit resolved this interesting question in Almerfedi v. Obama. The panel of Judges Brown, Kavanaugh, and Silberman ruled in the government's favor, granting the (non-temporary) stay that will prevent petitioner Almerfedi from being transferred out of U.S. custody pending the court's resolution of his merits appeal. In its brief per curiam order, the panel wrote simply that the government had "satisfied the standards required for a stay pending appeal."
It seems oral argument in this case will proceed as scheduled on April 11th.
Larkin Reynolds is an associate at a D.C. law firm and was a legal fellow at Brookings from 2010 to 2011. Larkin holds a J.D. from Harvard Law School, where she served as a founding editor of the Harvard National Security Journal and interned with the Senate Judiciary Committee, the Navy Judge Advocate General’s Corps, and the National Security Division of the Department of Justice. She also has a B.A. in international relations from New York University.