In the wake of the Almerfedi decision, the question necessarily arises whether any detainee might plausibly expect to prevail in front of the D.C. Circuit. In the defense bar, disgusted, head-shaking des...

The memorandum opinion filed on May 23rd in al-Hajj v.

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 Khairull...

A number of readers have written in to argue that my attempt to complicate the D.C. Circuit's emerging doctrine on guesthouse stays and training camps is itself too simple. These readers point out from ...

Memo to the D.C. Circuit: Staying at a guesthouse is not the same as taking military training. Ever since the D.C.

Almerfedi is a big deal--though perhaps subtly. Judge Laurence Silberman's opinion continues a trend, begun by Judge Brett Kavanaugh in Uthman, of clarifying just how little the preponderance of the evid...

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. J...

I have only one point to add to Bobby's post earlier today on the opinion by Judge Royce Lamberth in the al-Hajj case. The D.C. Circuit has so far avoided addressing issues related to the voluntariness o...

Habeas lawyer David Remes sent in the following comments on recent developments in D.C. Circuit case law. He emphasizes that he has been counsel in several of the cases discussed below and that the follo...

In a 13-page opinion made public today (but dated May 23, 2011), Judge Lamberth in al-Hajj v.

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...

Two Guantanamo detainees, Fahmi Al-Assani and Suleiman Al-Nahdi, have moved the D.C. Circuit to dismiss their habeas appeals (Al-Assani's motion is here, Al-Nahdi's is here).