Al-Bihani v. Obama
United States Court of Appeals for the District of Columbia Circuit
619 F.3d 1 (2010)
In 2001, Congress passed the Authorization for Use of Military Force (AUMF), 115 Stat. 224 (2001), which authorized the president to “use all necessary and appropriate force” against organizations and persons he determined were involved with the September 11, 2001 terrorist attacks. In 2006 and 2009, Congress also implemented the Military Commission Acts (MCAs), Pub. L. No. 109-366, 120 Stat. 2600, Pub. L. No. 111-84, 123 Stat. 2190, which addressed who could be detained under the AUMF, providing definitions of “unlawful enemy combatants” and “unprivileged enemy belligerents.” Ghaleb Nassar Al-Bihani (defendant) was a Yemeni citizen who defended the Taliban against the Northern Alliance in Afghanistan. Al-Bihani served as a cook and carried a weapon for a group allied with the Taliban known as the 55th Arab Brigade (55th), which fought against the Northern Alliance. Al-Bihani and the rest of the brigade eventually surrendered to Northern Alliance forces. Al-Bihani was handed over to the United States in 2002 and sent to Guantanamo Bay for detention and interrogation, pursuant to the AUMF. Al-Bihani unsuccessfully petitioned for a writ of habeas corpus and appealed.
Rule of Law
Holding and Reasoning (Brown, J.)
Concurrence (Williams, J.)
Concurrence (Brown, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.