Esmail v. Obama
395 U.S. App. D.C. 64
| D.C. Cir. | 2011Background
- Esmail, a Yemeni detainee at Guantanamo, was captured in December 2001 and transferred to U.S. custody in January 2002.
- In 2004, Esmail filed a petition for a writ of habeas corpus in the District of Columbia District Court, which denied relief.
- The government sought to justify detention under the Authorization for Use of Military Force based on Esmail's affiliation and actions.
- The district court found that Esmail was more likely than not part of al Qaeda at the time of capture, relying on multiple factual grounds.
- Esmail challenged arguments about voluntary statements and corroboration, but the court’s conclusion rested on the overall evidentiary record.
- The DC Circuit affirmed, holding that the evidence supported that Esmail was part of al Qaeda, and thus detentions were authorized.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Esmail was part of al Qaeda at capture | Esmail argues lack of sufficient linkage to al Qaeda. | Defendants contend evidence shows substantial connection to al Qaeda. | Esmail was more likely than not part of al Qaeda. |
| Whether coercive statements or lack of corroboration affect the decision | Statements were voluntary and should be scrutinized for corroboration. | Record sufficient independent facts; coercion/corroboration do not defeat detention. | Not necessary to resolve due to sufficient facts supporting conclusion. |
| What standard governs review of the ultimate issue | Petitioner contends standard would require more rigorous scrutiny. | Court should review de novo the ultimate question of being part of al Qaeda. | Ultimate issue reviewed de novo; district court findings reviewed for clear error. |
Key Cases Cited
- Bensayah v. Obama, 610 F.3d 718 (D.C. Cir. 2010) (detention authorized for those functionally part of al Qaeda)
- Barhoumi v. Obama, 609 F.3d 416 (D.C. Cir. 2010) (review standard for habeas detainees; de novo ultimate issue)
- Al-Adahi v. Obama, 613 F.3d 1102 (D.C. Cir. 2010) (evidence considerations and standard for habeas; relevance of each fact)
- Awad v. Obama, 608 F.3d 1 (D.C. Cir. 2010) (evidentiary standards; consideration of multiple factors)
- Al-Bihani v. Obama, 590 F.3d 866 (D.C. Cir. 2010) (evidence linking detainee to al Qaeda and related groups)
- Uthman v. Obama, 637 F.3d 400 (D.C. Cir. 2011) (Tora Bora travel and association appreciably indicates al Qaeda ties)