Al-Maqaleh v. Gates

605 F.3d 84 (2010)

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Al-Maqaleh v. Gates

United States Court of Appeals for the District of Columbia Circuit
605 F.3d 84 (2010)

  • Written by Arlyn Katen, JD

Facts

Fadi Al-Maqaleh, Redha Al-Najar, and Amin Al-Bakri (the three petitioners) (plaintiffs) filed habeas corpus petitions alleging that they were captured in 2002 and 2003 and eventually turned over to the United States military, which unlawfully detained them as enemy combatants at the Bagram Airfield Military Base (Bagram) in Afghanistan after Afghanistan leased Bagram to the United States. Afghanistan was a site of active military combat between the US and the Taliban and al-Qaeda. The government (defendant) moved to dismiss the petitions for lack of jurisdiction, arguing that under § 7(a) of the Military Commissions Act of 2006 (MCA), enemy combatants may not challenge military detention through habeas corpus proceedings. The district court denied the motions, holding that based on Boumediene v. Bush, 553 U.S. 723 (2008), § 7(a) did not deprive the district court of jurisdiction. The government filed an interlocutory appeal in the United States Court of Appeals for the District of Columbia Circuit.

Rule of Law

Issue

Holding and Reasoning (Sentelle, C.J.)

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