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Al-Marri v. Pucciarelli

United States Court of Appeals for the Fourth Circuit
534 F.3d 213 (2008)


Ali Saleh Kahlah al-Marri (defendant) was a lawful resident alien arrested as a material witness in the United States. Al-Marri was indicted for fraud and lying to the Federal Bureau of Investigation (FBI). The government then moved, ex parte, to dismiss the indictment based on an order signed by the president, which declared al-Marri an enemy combatant and ordered him into military custody, pursuant to the Authorization for Use of Military Force (AUMF), 115 Stat. 224. Al-Marri petitioned for a writ of habeas corpus, and in response, the government filed a declaration (the Rapp Declaration), asserting that al-Marri was closely associated with al-Qaeda, trained at an al-Qaeda terrorist training camp in Afghanistan and was introduced to Osama bin Laden, entered the United States before September 11, 2001 to serve as a sleeper agent to aid terrorist activities, and communicated with known terrorists. The district court denied al-Marri’s petition, and he appealed. A panel of the United States Court of Appeals for the Fourth Circuit reversed, and al-Marri petitioned for a rehearing en banc, which was granted.

Rule of Law


Holding and Reasoning (Per Curiam)

Concurrence (Gregory, J.)

Concurrence (Traxler, J.)

Concurrence (Motz, J.)

Concurrence/Dissent (Duncan, J.)

Concurrence/Dissent (Williams, C.J.)

Concurrence/Dissent (Niemeyer, J.)

Concurrence/Dissent (Wilkinson, J.)

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