Uthman v. Obama
394 U.S. App. D.C. 466
D.C. Cir.2011Background
- Uthman detained at Guantanamo under the AUMF for alleged al Qaeda membership.
- District Court granted habeas relief, applying a 'command structure' test.
- D.C. Circuit later rejected the command-structure approach and adopted a functional, case-by-case test.
- Court conducts de novo review of whether the facts show membership in al Qaeda.
- Important facts include capture near Tora Bora (Dec 15, 2001) in a small group with al Qaeda members and bin Laden bodyguards.
- Additional corroborating factors: Furqan Institute attendance, travel route used by al Qaeda recruits, fundraising lie, presence at an al Qaeda guesthouse, and lack of passport.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard for determining 'part of al-Qaida' | Government adopts functional test per Salahi/Bensayah | N/A | Functional test governs; command-structure test rejected |
| Sufficiency of the District Court's facts | Evidence may be insufficient to prove membership | Evidence, when viewed cumulatively, proves membership | More likely than not that Uthman was part of al Qaeda |
| Whether the cited facts collectively establish membership | N/A | N/A | Yes; the totality of evidence supports membership |
| Remand or deny habeas petition | Petition should be denied if evidence suffices | N/A | Reverse and deny petition; remand with instructions to deny |
Key Cases Cited
- Salahi v. Obama, 625 F.3d 745 (D.C. Cir. 2010) (case-by-case, functional approach; not limited to command structure)
- Awad v. Obama, 608 F.3d 1 (D.C. Cir. 2010) (functional approach; no command-structure requirement)
- Bensayah v. Obama, 610 F.3d 718 (D.C. Cir. 2010) (case-by-case analysis; functional test scope)
- Al-Adahi v. Obama, 613 F.3d 1102 (D.C. Cir. 2010) (evidence of association probative of membership; cumulative test)
- Al Odah v. United States, 611 F.3d 8 (D.C. Cir. 2010) (consideration of totality of circumstances; relevance of travel routes and proximity to al Qaeda strongholds)
- Al-Bihani v. Obama, 590 F.3d 866 (D.C. Cir. 2010) (detention authority includes supporting iterated by prior decisions)