Hani Abdullah v. Barack Obama
410 U.S. App. D.C. 80
D.C. Cir.2014Background
- Abdullah, a Yemeni national, has been detained at Guantanamo since 2002 as an enemy combatant.
- He challenged his detention in a 2005 habeas petition in the D.C. District Court and sought preliminary relief in 2010.
- Abdullah claimed the Yemen Agreement from 1946 requires treatment under international law and prohibits indefinite detention.
- He argued that the Third Geneva Convention and its Article 87 apply to his detention and confinement conditions.
- The district court denied relief; Abdullah filed a mandamus petition in the D.C. Circuit, which was dismissed as moot after the district court ruling.
- The court affirmed the district court, holding Abdullah failed to show likely success on the habeas petition or other four-factor injunctive relief criteria.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard for detainee injunctions | Abdullah contends four-factor test applies to relief. | Government argues four-factor test governs like other injunctions. | Four-factor standard applies. |
| Relief sought and its scope | Seeks declaration against indefinite detention and relief on confinement practices. | Seeks relief only to enforce Yemen Agreement terms and Geneva protections as applicable. | Relief denied; not likely to provide relief under Yemen Agreement. |
| Indefinite detention under AUMF and international law | Indefinite detention violates Yemen Agreement and Third Geneva Convention. | Detention permissible for duration of hostilities under AUMF and international practice. | Detention duration aligned with AUMF; unlikely to succeed on habeas petition. |
| Conditions of confinement relief | Vaunted violations of Third Geneva Convention require injunctive relief. | No proven irreparable injury and no public-interest/policy basis for relief. | Injunctive relief for conditions forfeited and unsupported. |
| Forfeiture and determinative issues on appeal | Challenges to conditions and international-law incorporation should be considered. | Abdullah forfeited these arguments by delay and failure to brief. | Arguments forfeited; no reversible error found. |
Key Cases Cited
- Hamdi v. Rumsfeld, 542 U.S. 507 (2004) (detention for duration of hostilities)
- Boumediene v. Bush, 553 U.S. 723 (2008) (full habeas rights at Guantanamo)
- Hamdan v. Rumsfeld, 548 U.S. 557 (2006) (habeas context, four-factor test not settled there)
- Aamer v. Obama, 742 F.3d 1023 (2014) (four-factor test applies; conditions challenge via habeas)
- Maqaleh v. Hagel, 738 F.3d 312 (2013) (context of detention and international law)
- Janko v. Gates, 741 F.3d 136 (2014) (Guantanamo detention authorities and international law)
- Sherley v. Sebelius, 644 F.3d 388 (2011) (preliminary injunction factors)
- Al-Bihani v. Obama, 590 F.3d 866 (2010) (Third Geneva Convention in DC Cir. context)