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GTMO Habeas Numbers Update

Benjamin Wittes
Tuesday, June 7, 2011, 2:44 PM
There's been quite a bit of activity in the Guantanamo habeas courtrooms since Larkin last posted these statistics in mid-April. Last week's voluntary dismissal of Fahmi Al Assani's and Suleiman Al Nadhi's appeals, as well as the D.C. Circuit's Al Madhwani decision, caused some changes. There are also two new appeals: Obaydullah and Alsabri. The category of unappealed district-court cases is now empty, at least for the time being.

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There's been quite a bit of activity in the Guantanamo habeas courtrooms since Larkin last posted these statistics in mid-April. Last week's voluntary dismissal of Fahmi Al Assani's and Suleiman Al Nadhi's appeals, as well as the D.C. Circuit's Al Madhwani decision, caused some changes. There are also two new appeals: Obaydullah and Alsabri. The category of unappealed district-court cases is now empty, at least for the time being. The numbers as of today look like this:

Uighur cases in which detention was deemed or conceded unlawful: 17

Petitioners’ district-court wins pending at D.C. Circuit: 3

Petitioners’ district-court wins not appealed by the government or cases in which the government’s initial appeal was later dismissed: 14

Petitioners’ district-court wins resulting in a remand by the D.C. Circuit to district court, with remand pending: 2

Petitioners’ merits wins at D.C. Circuit: 0

Government’s district-court wins not appealed by the petitioner, including cases in which the petitioner’s initial appeal was later dismissed: 4

Government’s district-court wins pending at D.C. Circuit: 8

Government’s district-court wins resulting in a remand by the D.C. Circuit to district court, with remand pending: 2

Government’s merits wins at D.C. Circuit: 9

Post-Boumediene merits decisions in which cert. has been denied: 4

CORRECTION NOTE: An earlier version of this post contained two data errors, for which I apologize. FURTHER CORRECTION NOTE: My initial correction of this data was even more wrong than than the original post! It is now, I think, fixed.

Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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