Alfermedi Cert Petition 11-10-2011

from Lawfareblog.com http://www.lawfareblog.com/2011/11/almerfedi-cert-petition/

By Ritika Singh

(item 2 shifts the burden of proof from the government to the detainee. –ed.)

Contains links to the oral argument summary, April 11, government’s reply brief, the petitioner’s brief, and the government’s opening brief. 

The abstract follows below.

Almerfedi Cert Petition

by Ritika Singh

Hussain Salem Mohammed Almerfedi, a Guantanamo habeas petitioner, has filed a cert petition that presents the following questions:

1. Whether the Authorization for Use of Military Force, Pub. L. No. 107-40, § 2(a), 115 Stat. 224 (2001) (“AUMF’), orBoumediene v. Bush, 553 U.S. 723 (2008), 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 somecredible evidence justifying the detainee’s detention, the detainee, to prevail, must rebut government’s evidence.

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.

For our readers who’d like to get a complete overview of the case, here are Ben’s thoughts on the D.C. Circuit opinion from June 10, the oral argument summary from April 11, the government’s reply brief, the petitioner’s brief, and the government’s opening brief.

D. Lagutaris, ed.