Almerfedi v. Obama

Issue: (1) Whether the Authorization for Use of Military Force, Pub. L. No. 107-40 § 2(a), 115 Stat. 224 (2001) (“AUMF”), or Boumediene v. Bush, permits detention on the basis of three facts that are themselves not incriminating; (2) whether the AUMF or Boumediene authorizes a standard of proof under which, if the government puts forward some credible evidence justifying the detainee’s detention, the detainee, to prevail, must rebut government’s evidence; and (3) whether the Court of Appeals’ manifest unwillingness to allow Guantanamo detainees to prevail in their habeas corpus cases calls for the exercise of this Court’s supervisory power.

Briefs and Documents

Certiorari-stage documents

• Opinion below (D.C. Cir.)
• Petition for certiorari
• Brief in opposition
• Reply of petitioner (forthcoming)
• Letter of April 18, 2012, from counsel for petitioners in Nos. 11-413, 11-683, and 11-1027 (forthcoming)