Abdul-Rahman Suleiman v. Barack Obama
399 U.S. App. D.C. 381
| D.C. Cir. | 2012Background
- Appellant Suleiman challenged his Guantanamo detention as being based on his alleged Taliban affiliation.
- District court concluded Suleiman was part of the Taliban and that such a finding justified detention under the AUMF.
- Suleiman argued that detention for being part of the Taliban violated due process and ex post facto constraints and was not authorized by the AUMF, but the court postponed addressing these arguments due to forfeiture.
- Key evidence included Suleiman’s own testimony, an FBI field document summarizing an April 17, 2002 interview, and a DoD record of an August 19, 2004 interview.
- Suleiman’s travel route and seven-month stay at a Taliban-associated guesthouse, along with his visits to a Taliban staging area, were found to be strong indicators of Taliban affiliation.
- The court held that the undisputed facts reasonably support a finding that Suleiman was part of the Taliban.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Suleiman was part of the Taliban. | Suleiman disputes Taliban membership. | The district court correctly found he was part of the Taliban based on undisputed evidence. | Yes; evidence supports Taliban membership. |
| Whether the Due Process and Ex Post Facto challenges and AUMF limits were preserved for review. | Challenges should be considered on the merits. | The issues were forfeited for failure to raise them below. | Forfeited; not reached on the merits. |
Key Cases Cited
- Al Odah v. United States, 611 F.3d 8 (D.C. Cir. 2010) (travel routes can indicate entry into Afghanistan for Taliban purposes)
- Awad v. Obama, 608 F.3d 1 (D.C. Cir. 2010) (determine whether individual is part of al Qaeda is a mixed question of law and fact)
- Salahi v. Obama, 625 F.3d 745 (D.C. Cir. 2010) (freelancer conduct alone not enough to establish Taliban affiliation)
- Bensayah v. Obama, 610 F.3d 718 (D.C. Cir. 2010) (characterizes travel routes as circumstantial evidence of affiliation)
- Al-Adahi v. Obama, 613 F.3d 1102 (D.C. Cir. 2010) (staging areas for recruits indicate potential Taliban affiliation)
- Al-Alwi v. Obama, 653 F.3d 11 (D.C. Cir. 2011) (reiterates approach to determining membership in terrorist organizations)