United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued October 2, 2009 Decided January 5, 2010
GHALEB NASSAR AL-BIHANI,
BARACK OBAMA, PRESIDENT OF THE UNITED STATES, ET AL.,
Appeal from the United States District Court
for the District of Columbia
Shereen J. Charlick argued the cause for appellant.
With her on the briefs were Reuben Camper Cahn, Steven F.
Hubachek, and Ellis M. Johnston, III.
Matthew M. Collette, Attorney, U.S. Department of
Justice, argued the cause for appellees. With him on the brief
were Ian Gershengorn, Deputy Assistant Attorney General,
and Douglas N. Letter and Robert M. Loeb, Attorneys. R.
Craig Lawrence, Assistant U.S. Attorney, entered an
Before: BROWN and KAVANAUGH, Circuit Judges, and
WILLIAMS, Senior Circuit Judge.
Opinion for the Court filed by Circuit Judge BROWN.
Concurring opinion filed by Circuit Judge BROWN.
Opinion concurring in part and concurring in the
judgment filed by Senior Circuit Judge WILLIAMS.
BROWN, Circuit Judge: Ghaleb Nassar Al-Bihani
appeals the denial of his petition for a writ of habeas corpus
and seeks reversal or remand. He claims his detention is
unauthorized by statute and the procedures of his habeas
proceeding were constitutionally infirm. We reject these
claims and affirm the denial of his petition.
Al-Bihani, a Yemeni citizen, has been held at the U.S.
naval base detention facility in Guantanamo Bay, Cuba since
2002. He came to Guantanamo by a circuitous route. It
began in Saudi Arabia in the first half of 2001 when a local
sheikh issued a religious challenge to Al-Bihani. In response,
Al-Bihani traveled through Pakistan to Afghanistan eager to
defend the Taliban’s Islamic state against the Northern
Alliance. Along the way, he stayed at what the government
alleges were Al Qaeda–affiliated guesthouses; Al-Bihani only
concedes they were affiliated with