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Updated Habeas Numbers

Benjamin Wittes
Monday, June 13, 2011, 11:05 AM
Here are the Updated Habeas Numbers in light of the D.C. Circuit's decision Friday in Almerfedi. In addition to these cases, a docket entry in the district court case of an Afghan detainee named Khairulla Khairkhwa makes clear that his case has now been decided. It is unclear from the docket entry, however, what the nature of the disposition was. Until I have public confirmation on that point, I am not including this case in the following data.
Uighur cases in which detention was deemed or conceded unlawful: 17 Petitioners’ district-court wins pending at D.C.

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Here are the Updated Habeas Numbers in light of the D.C. Circuit's decision Friday in Almerfedi. In addition to these cases, a docket entry in the district court case of an Afghan detainee named Khairulla Khairkhwa makes clear that his case has now been decided. It is unclear from the docket entry, however, what the nature of the disposition was. Until I have public confirmation on that point, I am not including this case in the following data.
Uighur cases in which detention was deemed or conceded unlawful: 17 Petitioners’ district-court wins pending at D.C. Circuit: 2 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: 10 Post-Boumediene merits decisions in which cert. has been denied: 4

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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