Published on: Friday, April 14, 2023

In September 2002, Yemeni man suspected of assisting al Qaeda "traveled to Cairo, Egypt on business and disappeared. He arrived at United States Naval Station Guantanamo Bay two years later." He tries to file a writ of habeas corpus. Gov't: Habeas isn't a thing if you're at Guantanamo Bay. Supreme Court (in a different detainee's case, 2008): Oh yes it is. District court (2008-2019): You lose anyway. Man: That took kind of a really long time. Along the way a bunch of stuff violated due process. En banc D.C. Circuit: We're not saying you even get due process, but even if you do everything's still cool. You might have this one statutory argument on remand, though. Dissents: Due process isn't a thing if you're at Guantanamo Bay.

The case is Al-Hela v. Biden et al., No. 19-5079  (D.C. Cir. Apr. 12, 2023).