Al Alwi v. Obama
397 U.S. App. D.C. 323
| D.C. Cir. | 2011Background
- Al Alwi, a Yemeni detainee raised in Saudi Arabia, was captured in Pakistan and held at Guantanamo Bay.
- The government claims he traveled to Afghanistan circa 2000, joined Taliban-aligned forces, and received military training and weapons.
- District court found, by preponderance, that Al Alwi was part of or supported Taliban/al Qaeda forces prior to and after October 2001.
- Habeas petition was reinitiated after Boumediene v. Bush extended habeas rights to Guantanamo detainees; district court denied petition.
- Al Alwi challenged the district court’s detention standard and reliance on his interrogation statements, arguing insufficient corroboration and procedural issues.
- On appeal, court addressed whether the detention standard was properly applied and whether district court erred in evidentiary and discovery rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper detention standard under AUMF | Al Alwi asserts the court used the wrong standard. | Barack Obama argues AUMF-based standard permits detention under 'part of' or 'substantial support'. | Record supports detention under 'part of' standard. |
| Reliability of petitioner's statements as evidence | Statements were uncorroborated and unreliable. | Statements were adequately reliable and corroborated by independent evidence. | District court properly credited statements; corroboration not required for habeas review here. |
| Procedural protections: continuance request | denial of 30-day continuance prejudiced defense. | No actual prejudice shown; amended traverse provided relief. | No abuse of discretion; no demonstrated prejudice. |
| Discovery under the Case Management Order | Government withheld exculpatory information; remand required. | CMO satisfied; government produced materials; no remand required. | No abuse of discretion; discovery appropriate under CMO. |
Key Cases Cited
- Boumediene v. Bush, 553 U.S. 723 (2008) (habeas rights extend to Guantanamo detainees)
- Al Odah v. United States, 611 F.3d 8 (D.C.Cir.2010) (preponderance standard constitutional in AUMF detention)
- Al-Bihani v. Obama, 590 F.3d 866 (D.C.Cir.2010) (evidence and reliability considerations for detention)
- Barhoumi v. Obama, 609 F.3d 416 (D.C.Cir.2010) (distinction between factual questions and evidentiary weight)
- Al-Adahi v. Obama, 613 F.3d 1102 (D.C.Cir.2010) (reliability and evidentiary standards in habeas review)
- Uthman v. Obama, 637 F.3d 400 (D.C.Cir.2011) (detention decisions may be reversed without remand when record suffices)
- Al-Madhwani v. Obama, 642 F.3d 1071 (D.C.Cir.2011) (evidence like carrying a weapon can support detention)
- Esmail v. Obama, 639 F.3d 1075 (D.C.Cir.2011) (review of 'part of' standard on de novo basis)
- Awad v. Obama, 608 F.3d 1 (D.C.Cir.2010) (detention review and evidentiary standards under AUMF)