Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The U.S. Court of Appeals for the D.C. Circuit last week barred the Bush administration from transferring a Guant�namo Bay detainee to Algeria while it considers his appeal. Ahmed Belbacha is asking the court to intervene in his transfer because he fears reprisal by the Algerian government or an extremist group linked to al-Qaida. Chief Judge Douglas Ginsburg and Judges Thomas Griffith and A. Raymond Randolph heard arguments in the case Dec. 6. The D.C. Circuit’s order, issued Dec. 31, does not permanently prevent the transfer, but it blocks the government from handing Belbacha over to Algerian authorities while the court considers his request. And, significantly, the order buys time for Belbacha while the Supreme Court reviews Boumediene v. Bush to determine whether the lower courts have jurisdiction to hear such cases. “The D.C. Circuit has taken several steps to preserve its jurisdiction in other appeals pending the Supreme Court’s decision in Boumediene,” says Covington & Burling’s David Remes, Belbacha’s lawyer. Government lawyers have asked the court to uphold U.S. District Judge Rosemary Collyer’s finding last July that she lacked jurisdiction to consider Belbacha’s request. It’s unclear whether the D.C. Circuit will wait for direction from the Supreme Court before ruling. Belbacha’s lawyers say he could face torture or abuse if returned to Algeria, where he served in the army and later worked as an accountant for a state-owned oil company. The U.S. government has classified him as an enemy combatant and associated him with the Taliban, according to court documents. He has been held at the naval base since 2002.
Joe Palazzolo can be contacted at [email protected].

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.