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Al-Marri v. Pucciarelli

United States Court of Appeals for the Fourth Circuit

534 F.3d 213 (2008)

Relevant factsFree

Al-Marri (defendant), a lawful U.S. resident alien indicted for fraud and lying to the FBI, was declared an enemy combatant by presidential order under the AUMF and transferred to military custody; the government's supporting declaration alleged he trained at an al-Qaeda camp, met Osama bin Laden, and entered the U.S. before 9/11 to act as a sleeper agent. His habeas petition was denied by the district court, a Fourth Circuit panel reversed, and the full court granted rehearing en banc.

IssueFree

Whether the President, acting under congressional authorization, has the power to detain a limited category of people as enemy combatants.

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