DC Circuit To Reconsider Panel Decision That Gitmo Detainees Do Not Get Due Process Rights

In en banc news, the D.C. Circuit will reconsider a three-judge panel August 28, 2020, decision that neither the "procedural" nor the "substantive" aspects of the Due Process Clause of the Constitution apply to a Yemeni citizen who has been held at Gitmo without trial for more than 16 years.

Al Hela was a businessman in Yemen who disappeared on a business trip to Egypt in 2002 and later rendered to U.S. custody. He says he was tortured at secret U.S. prisons before being sent to Guantanamo Bay in 2004. The U.S. government says that al Hela was associated with known and suspected al Qaeda affiliate organizations.

The case is Abdulsalam Ali Abdulrahman Al-Hela v. Biden, 19-5079 (DC Cir. Apr. 23, 2021).