DC Circ. Says No Due Process Required For Gitmo Detainees

Law360 (August 31, 2020, 6:24 PM EDT) -- The D.C. Circuit has denied a petition for release from a Guantanamo Bay military prisoner who has been detained indefinitely for supporting al-Qaida, ruling that as a foreigner with no ties to the U.S. he lacks all constitutional due process rights.

Yemeni former businessman and tribal sheikh Abdulsalam Al Abdulrahman Al Hela can't challenge his detention under the Constitution's due process clause, whether invoking "procedural" or "substantive" due process rights, because he is an alien "without property or presence" in U.S. territory, U.S. Circuit Judge Neomi Rao wrote for the three-judge panel Friday.

"At bottom, Al Hela presses us to recognize...

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