Holding Guantanamo Detainee Has Due Process Rights Stands

The D.C. Circuit won’t revisit an opinion holding that an Al Qaeda recruit, who has been held at Guantanamo Bay Naval Base in Cuba for over 17 years, has due process rights.

A member of the court suggested the panel opinion be reviewed by the whole court, but a Sept. 17 order denied en banc review.

Judge Karen LeCraft Henderson, joined by Judge Neomi Rao, excoriated the denial.

The U.S. Supreme Court and the U.S. Court of Appeals for the D.C. Circuit have previously rejected the idea that aliens are entitled to Fifth Amendment rights outside the sovereign territory of ...