Cases

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT YASER ESAM HAMDI; ESAM FOUAD  HAMDI, as next friend of Yaser Esam Hamdi, Petitioners-Appellees, v. DONALD RUMSFELD; W. R. PAULETTE, Commander, Respondents-Appellants. CENTER FOR CONSTITUTIONAL RIGHTS; RICHARD L. ABEL, Connell Professor of Law, University of California at Los Angeles; WILLIAM J. ACEVES, Professor of Law, California

WILKINSON, Circuit Judge, concurring in the denial of rehearing en banc: I concur in the denial of the rehearing en banc. The panel opinion written by Chief Judge Wilkins, Judge Traxler, and myself has already properly resolved this ease. See Hamdi v. Rumsfeld, 316 F.3d 450 (4th Cir.2003). I thus offer only these few comments in response to the dissent of my good colleague Judge Motz.

ORDER WILKINS, Circuit Judge. The United States Supreme Court has vacated the judgment and remanded this case. In obedience to the mandate of the Supreme Court we hereby remand the case to the Eastern District of Virginia for further proceedings consistent with the Supreme Court’s decision. In light of the Court’s holding in Rumsfeld v. Padilla, — U.S. -, 124 S.Ct. 2711, 159 L.Ed.2d 513 (2004), w

Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILKINS and Judge TRAXLER joined. WILKINSON, Chief Judge. The Federal Public Defender for the Eastern District of Virginia and Christian Peregrim, a private citizen, filed petitions for a writ of habeas corpus as “next friend” of Yaser Esam Hamdi, a detain

C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT YASER ESAM HAMDI; ESAM FOUAD  HAMDI, as next friend of Yaser Esam Hamdi, Petitioners-Appellees, v.  No. 02-6895 DONALD RUMSFELD; W. R. PAULETTE, Commander, Respondents-Appellants.  Appeal from the United States District Court for the Eastern Distri

Reversed and remanded with directions to dismiss by published opinion. Opinion by WILKINSON, Chief Judge, and WILKINS and TRAXLER, Circuit Judges, in which all three concur. WILKINSON, Chief Judge, and WILKINS and TRAXLER, Circuit Judges. Yaser Esam Hamdi filed a petition under 28 U.S.C. § 2241 challenging the lawfulness of his confinement in the Norfolk Naval Brig.1

243 F.Supp.2d 527 (2002) Yaser Esam HAMDI, and Esam Fouad Hamdi, As Next Friend of Yaser Esam Hamdi, Petitioners, v. Donald RUMSFELD, and Commander W.R. Paulette, Respondents. No. 2:02-CV-439. United States District Court, E.D. Virginia, Norfolk Division. August 16, 2002. *528 Larry W. Shelton, Office of the Federal Public Defend

C. A. 4th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted.

Justice Souter, with whom Justice Ginsburg joins, concurring in part, dissenting in part, and concurring in the judgment. According to Yaser Hamdi’s petition for writ of habeas corpus, brought on his behalf by his father, the Government of the United States is detaining him, an American citizen on American soil, with the explanation that he was seized on the field of battle i

294 F.3d 598 Yaser Esam HAMDI, Petitioner Appellee, andChristian A. Peregrim, Plaintiff,Frank Willard Dunham, Jr., as next friend of Yaser Esam Hamdi, Petitioner,v.Donald RUMSFELD, Secretary of Defense; W.R. Paulette, Commander, Respondents-Appellants, andUnited States Navy, Defendant. No. 02-6827. United States Court of Appeals, Fourth Circuit. Argued Ju

Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILKINS and Judge TRAXLER joined. OPINION WILKINSON, Chief Judge. Esam Fouad Hamdi has filed a petition for a writ of habeas corpus as next friend of his son, Yaser Esam Hamdi, a detainee at the Norfolk Naval Station Brig who was c

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FADI AL MAQALEH, et al., Petitioners, v. Civil Action No. 06-1669 ROBERT GATES, et al., Respondents. HAJI WAZIR, et al., Petitioners, v. Civil Action No. 06-1697 ROBERT GATES, et al., Respondents. AMIN AL BAKRI, et al.,

800 F.Supp.2d 94 (2011) John DOE, Plaintiff, v. Donald RUMSFELD, et al., Defendants. Case No. 1:08-CV-1902. United States District Court, District of Columbia. August 2, 2011. *100 Jesselyn Alicia Radack, Government Accountability Project, Washington, DC, Gayle Horn, Michael Kanovitz, Loevy & Loevy, Chicago, IL, for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA ------------------------------------------------------- : JOHN DOE, : : CASE NO. 1:08-CV-1902 Plaintiff, : : v. : OPINION & ORDE

HAMILTON, Circuit Judge. This appeal raises fundamental questions about the relationship between the citizens of our country and their government. Plaintiffs Donald Vance and Nathan Ertel are American citizens and civilians. Their complaint alleges in detail that they were detained and illegally tortured by U.S. military personnel in Iraq in 2006. Plaintiffs were released from military custody without ever being charged with a

764 F.Supp.2d 787 (2011) Estela LEBRON, et al., Plaintiffs, v. Donald H. RUMSFELD, et al., Defendants. Case No. 2:07-410-RMG. United States District Court, D. South Carolina, Charleston Division. February 17, 2011. *789 Jonathan Marc Freiman, National Litigation Project, Hope R. Metcalf, Yale Law School, Tahlia Townsend, Wiggin a

694 F.Supp.2d 957 (2010) Donald VANCE and Nathan Ertel, Plaintiffs, v. Donald RUMSFELD, United States of America and Unidentified Agents, Defendants. No. 06 C 6964. United States District Court, N.D. Illinois, Eastern Division. March 5, 2010. *958 Michael I. Kanovitz, Arthur R. Loevy, Gayle M. Horn, Jonathan I. Loevy, Russell R.

464 F.Supp.2d 9 (2006) Salim Ahmed HAMDAN, Plaintiff, v. Donald H. RUMSFELD, Defendant. Civil Action No. 04-1519 (JR). United States District Court, District of Columbia. December 13, 2006. *10 Benjamin S. Sharp, Perkins Coie, LLP, Washington, DC, Joseph M. McMillan, Perkins Coie, LLP, Seattle, WA, for Plaintiff. Brian C.

344 F.Supp.2d 152 (2004) Salim Ahmed HAMDAN, Plaintiff, v. Donald H. RUMSFELD, Defendant. No. CIV.A.04-1519 JR. United States District Court, District of Columbia. November 8, 2004. *154 Joseph M. Mcmillan, Perkins Coie LLP, Seattle, WA, Neal Katyal, Kelly A. Cameron, Perkins Coie, LLP, Washington, DC, for Plaintiff. Brian