Almerfedi v. Obama
397 U.S. App. D.C. 361
| D.C. Cir. | 2011Background
- Almerfedi was captured by Iranian authorities in Tehran after 9/11 and handed to Afghani authorities in 2002, then transferred to Guantanamo Bay in May 2003.
- The government sought to detain Almerfedi as “part of” al Qaeda, relying on his own admissions and statements from fellow detainee al-Jadani.
- Almerfedi claimed he traveled through Pakistan to Europe with Jama'at Tablighi, stayed at its Lahore center for about 2.5 months, and had about $2,000 in cash at capture.
- The government alleged Almerfedi stayed at an al Qaeda–affiliated Tehran guesthouse and used his travel route and cash as evidence of his role as a facilitator.
- The district court granted the habeas petition, concluding the government did not prove by a preponderance that Almerfedi was “part of” al Qaeda, and it excluded al-Jadani’s statements as unreliable.
- On appeal, the DC Circuit reversed, holding the government’s evidence, including al-Jadani’s statements, established detention by a preponderance of the evidence and remanded to deny the petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard for determining detainability | Almerfedi argues the district court properly weighed evidence under preponderance. | Government contends district court misapplied standard after Al-Adahi and should weigh all evidence together. | Standard applied is preponderance; court must weigh all evidence collectively. |
| Reliability of al-Jadani statements | Almerfedi asserts al-Jadani statements were unreliable and incorrectly discounted. | Government contends al-Jadani statements corroborate other evidence and were credible. | District court erred in treating al-Jadani as completely unreliable; statements can be probative. |
| Effect of travel/explanation on credibility | Almerfedi’s travel explanations negate inference of al Qaeda involvement. | Explanations are insufficient; combined with travel and cash they satisfy detention standard. | Almerfedi’s explanations do not defeat government’s preponderance burden when viewed with other evidence. |
| Role of evidence balance post-Al-Adahi | Balance of government evidence should be evaluated in light of Hamdi and Al-Adahi. | District court failed to weight the entire record as required. | Court may rely on cumulative credibility of multiple evidence pieces to meet preponderance. |
Key Cases Cited
- Hamdi v. Rumsfeld, 542 U.S. 507 (2004) (plurality; detention requires credible facts and preponderance-like framework)
- Al-Adahi v. Obama, 613 F.3d 1102 (D.C.Cir.2010) (consider evidence in balance, not piecewise; guidance on Hamdi framework)
- Awad v. Obama, 608 F.3d 1 (D.C.Cir.2010) (preponderance standard in habeas detentions; evaluating evidence)
- Uthman v. Obama, 637 F.3d 400 (D.C.Cir.2011) (collective evidentiary weighing in detention determinations)
- Esmail v. Obama, 639 F.3d 1075 (D.C.Cir.2011) (contextual precedents for burden and weighing)