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A federal appeals court in Washington, D.C., on Tuesday upheld the detention of a Yemeni man at the Guantanamo Bay military base despite argument from the man’s lawyers that he was a cook, not a soldier engaged in battle.

Shereen Charlick, a federal public defender in San Diego, Calif., said Ghaled al-Bihani was a cook in the 55th Arab Brigade who was retreating from battle when he was captured in late 2001 in Afghanistan. The 55th Arab Brigade was supporting the Taliban in its fight against the Northern Alliance.

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