D.C. Circuit Opinion in Almerfedi

The D.C. Circuit has handed down its decision in the case of Hussain Almerfedi, a Guantanamo habeas petitioner. The opinion is written by Judge Laurence Silberman for himself and Judge Brett Kavanaugh. Judge Judith Rogers concurred in part and in the judgment, which reverses a district court opinion granting Almerfedi the writ. In my oral argument coverage, I wrote that:

They say you can’t tell how a case is going to come out from an oral argument. Sometimes you can, and today is one of those days. Hussain Salem Mohammad Almerfedi is going to have his head handed to him on platter by Judges Brett Kavanaugh and Laurence Silberman. The decision granting him habeas corpus is toast. The only question for the detainee bar is how ugly it’s going to be, and whether Judge Judith Rogers will also be party to the massacre. Judge Silberman in particular was flirting with some big themes here. Unless the desire for unanimity holds him back, this case could make some big new law. If I had a Guantanamo client, I would be very nervous about it.

As soon as I've had a chance to read the opinion, I'll write up thoughts on how big a deal this case has turned out to be.