Profiles

DETAINEE PROFILES (by Luna Droubi & Claire Thomas)

The detainees profiled below have been the plaintiffs in various lawsuits relating to their detention in Afghanistan by the U.S. In compiling these profiles, we still have many questions with respect to their stories and the conditions surrounding their detention. For instance, we wonder why are these particular detainees involved in litigation, and not others? Are their stories representative of the detainee population in Afghanistan, or do they present unique circumstances?

 

Despite our extensive research, we are not able to answer these questions at present due to the limited information available with respect to other detainees held by the U.S. in Afghanistan. Therefore, below we offer the stories of twelve men who found themselves detained by the U.S. in Afghanistan.

 

Disclaimer: The information on the detainees in this section comes from habeas petitions and other documents filed on behalf of the detainees themselves. While the response papers filed by the U.S. government address the legal authority for the detainees’ detention, these documents do not generally provide additional background information or challenge the factual situation presented by the detainees.

 

 

Mohamed v. Jeppesen Dataplan[i]

Binyam Mohamed

  • Born: 1974[ii]
  • Year of Detention: 2002[iii]
  • Age When Detained: 28
  • Citizen of: Ethiopia[iv]
  • Detainee Number: N/A
    • Resident of: United Kingdom[v]

On April 10, 2002, Binyam Mohamed, a 28-year-old Ethiopian citizen and legal resident of the United Kingdom, was arrested at the airport in Karachi, Pakistan on immigration charges.[vi] According to Mr. Mohamed, on July 21, 2002, he was handed over to the exclusive custody of U.S. officials, who stripped, shackled, blindfolded, and dressed him in a tracksuit before dragging him on board a plane flying to Rabat, Morocco.[vii]

 

In Morocco, Mr. Mohamed claims to have been handed over to agents of the Moroccan security services.[viii] There, for the next eighteen months, he alleges that he was subjected to severe physical and psychological torture, including routine beatings, which, at one point, resulted in broken bones.[ix] He states that he was routinely beaten to the point of losing consciousness, and a scalpel was used to make incisions all over his body, including his penis, after which a hot stinging liquid was poured into his open wounds.[x]

 

After 18 months in Moroccan custody, Mohamed was allegedly transferred back to American custody and flown to the secret U.S. detention facility known as the “Dark Prison,” in Kabul, Afghanistan.[xi] There, Mohamed claims that he was subjected to several more months of detention, interrogation, and torture by U.S. intelligence agents before being transferred to Bagram Air Base outside Kabul.[xii] In September 2004, Mr. Mohamed was transferred to the Naval Station at Guantánamo Bay, Cuba.[xiii] On February 23, 2009, he was released and returned to the United Kingdom after seven years of detention.[xiv]

 

Mohamed and others, including Mr. Bashmilah and Mr. al-Rawi whose stories are detailed below, as well as two individuals whose complaints did not allege they were ever held in Afghanistan, and whom this page does not discuss, sued Jeppesen Dataplan. The plaintiffs alleged that Jeppesen Dataplan operated the flights that carried them to the sites where they were tortured. The government claimed the “state secrets” privilege, which “prevents the disclosure of information in litigation when ‘there is a reasonable danger that compulsion of the evidence will expose military matters which, in the interest of national security, should not be divulged.’”[xv] The United States moved to dismiss all of Mr. Mohamed’s complaints under the state secrets doctrine.[xvi] The government asserted that, if the case were to proceed, there would be a risk of disclosure of highly classified information about U.S. intelligence activities.[xvii]

 

The government has not admitted or denied any of Mohamed’s allegations. The U.S. Court of Appeals for the Ninth Circuit ruled in favor of the government, by a 6-5 majority, holding that Mr. Mohamed cannot sue Jeppesen Dataplan for its role in arranging extraordinary rendition flights for the CIA.[xviii] On May 16, 2011, the Supreme Court denied certiorari to hear the case.[xix]

 

Mr. Mohamed, now back in the United Kingdom, has sued the British government on claims that the British authorities helped “facilitate” his detention.[xx] On May 4, 2010, the Court of Appeal “dismissed an attempt by MI5 and MI6 to suppress evidence of alleged complicity in torture.”[xxi] The court ordered the government to release documents detailing Mr. Mohamed’s torture and revealing that his torture included “sleep deprivation, threats and inducements.”[xxii] The government also admitted that what was done to Mr. Mohamed “could readily be contended to be at the very least cruel, inhuman and degrading treatment by the United States authorities.”[xxiii]

 

Mohamed Farag Ahmad Bashmilah

  • Born: 1969
  • Year of Detention: 2003[xxiv]
  • Age When Detained: 34
  • Citizen of: Yemen[xxv]
  • Detainee Number: N/A
    • Resident of: Indonesia[xxvi]

 

According to the complaint, Mohamed Farag Ahmad Bashmilah is a Yemeni citizen.[xxvii] Mr. Bashmilah and his wife Zahra lived in Indonesia where he ran a small clothing store with his uncle.[xxviii] In October 2003, the couple traveled from Indonesia to Jordan to visit Mr. Bashmilah’s ailing mother.[xxix] Upon arrival in Amman, on or about October 21, 2003, Mr. Bashmilah claims to have been taken into custody by the Jordanian General Intelligence Department.[xxx] After being interrogated for days, Mr. Bashmilah alleges he was handed over by the Jordanian government to U.S. agents, who blindfolded him, strapped him to the seat of a plane, and flew him to Kabul, Afghanistan.[xxxi]

 

For about six months, Mr. Bashmilah contends, he was secretly detained, interrogated, and tortured by U.S. intelligence agents at Bagram Air Base in Afghanistan.[xxxii] Toward the end of April 2004, Mr. Bashmilah was again transferred to another detention facility in an unknown country.[xxxiii] In this CIA “black site,” Mr. Bashmilah claims he was subjected to more than a year of interrogation, torture, and detention.[xxxiv] On May 5, 2005, he was taken by the CIA team and flown to Yemen, where he was detained for about nine months before being released.[xxxv] Mr. Bashmilah currently resides in Yemen.[xxxvi]

 

The United States moved to dismiss all of Mr. Bashmilah’s claims under the state secrets doctrine.[xxxvii] The U.S. Court of Appeals for the Ninth Circuit ruled in favor of the government, by a 6-5 majority, holding that the plaintiffs could not sue Jeppesen Dataplan for its role in arranging extraordinary rendition flights for the CIA.[xxxviii]

 

Bisher al-Rawi

  • Born: 1968
  • Year of Detention: 2002[xxxix]
  • Age When Detained: 34
  • Citizen of: Iraq[xl]
    • Resident of: United Kingdom[xli]

 

Bisher al-Rawi, an Iraqi citizen and a British permanent resident, alleges he was traveling with his brother and his business associates, in Gambia, Africa, to establish a peanut processing business.[xlii] On November 8, 2002, Mr. al-Rawi was apprehended by Gambian intelligence agents while at the Banjul airport.[xliii] There, he claims that Gambian officials and the CIA detained and questioned him.[xliv] According to Mr. al-Rawi, he was blindfolded and strapped to the seat of an airplane by the CIA and flown to Kabul, Afghanistan.[xlv] In Afghanistan, Mr. al-Rawi alleges he was detained for two weeks at the secret U.S.-run detention facility known as the “Dark Prison.” He was then transferred to the Bagram Air Base.[xlvi] While in U.S. custody, Mr. al-Rawi alleges he was physically and psychologically tortured and otherwise abused before he was flown to Guantánamo on February 7, 2003.[xlvii] On March 30, 2007, Mr. al-Rawi was released from Guantánamo and returned to his home in England, where he currently resides. No charges have ever been brought against him.[xlviii]

 

The United States moved to dismiss all of Mr. al-Rawi’s claims under the state secrets doctrine.[xlix] The U.S. Court of Appeals for the Ninth Circuit ruled in favor of the government, by a 6-5 majority, holding the plaintiffs could not sue Jeppesen Dataplan for its role in arranging extraordinary rendition flights for the CIA.[l]

 

Al Maqaleh v. Gates[li]

Fadi Al Maqaleh

  • Born: 1983[lii]
  • Year of Detention: 2003[liii]
  • Age When Detained: 20[liv]
  • Citizen of: Yemen[lv]
  • Resident of: Yemen[lvi]
  • Detainee Number: N/A

 

Fadi Al Maqaleh is a Yemeni citizen who alleges he was taken into custody in 2003.[lvii] Mr. Al Maqaleh states in his habeas petition that he was captured beyond Afghan borders but does not specify where.[lviii] However, a sworn declaration from Colonel James W. Gray, Commander of Detention Operations, states that Mr. Al Maqaleh was captured in Zabul, Afghanistan.[lix] According to his complaint, his family only learned that Mr. Al Maqaleh was in U.S. custody months after his imprisonment. They are able to communicate with him only through heavily redacted letters and a few brief telephone conversations.[lx] The government asserts that Mr. Al Maqaleh is lawfully detained as an enemy combatant.[lxi] Mr. Al Maqaleh had his initial Detainee Review Board (DRB) review on December 9, 2009 and a subsequent six-month review DRB hearing on June 12, 2010.[lxii]

 

 

Redha al-Najar

  • Born: 1966
  • Year of Detention: 2002[lxiii]
  • Age When Detained: 36[lxiv]
  • Citizen of: Tunisia[lxv]
  • Resident of: Karachi, Pakistan[lxvi]
  • Detainee Number: N/A

 

Redha al-Najar is a citizen of Tunisia, who contends that he was captured in Pakistan in 2002. He alleges that he was initially held elsewhere before being transferred to Bagram Airforce Base.[lxvii] According to his family, in May 2002, unknown individuals broke into his home in Karachi, Pakastan, and seized Mr. al-Najar in front of his family.[lxviii] At the request of Mr. al-Najar’s brother, the International Justice Network filed a petition for a writ of habeas corpus on his behalf in December of 2008.[lxix]

 

Mr. al-Najar had his initial DRB review on December 2, 2009 and a subsequent six-month review DRB hearing on June 12, 2010.[lxx]

 

Amin Al-Bakri

  • Born: 1969
  • Year of Detention: 2002[lxxi]
  • Age When Detained: 33
  • Citizen of: Yemen[lxxii]
  • Detainee Number: N/A

 

Amin Al-Bakri is a Yemeni citizen who alleges he was taken into custody in December 2002 while returning home from a brief business trip to Bangkok, Thailand.[lxxiii] Mr. Al-Bakri, who is married and has three teenage children,[lxxiv] worked as a businessman before his arrest. He marketed shrimp in Southeast Asia and sold precious stones.[lxxv]

 

Mr. Al-Bakri contends that he was abducted by U.S. agents in Bangkok and was subsequently transferred to various unknown locations.[lxxvi] Mr. Al-Bakri maintains that some of these locations were CIA “black sites.”[lxxvii] By the time he arrived at Bagram, six months had passed during which his family was unaware of his whereabouts.[lxxviii]

 

Mr. Al-Bakri alleges that due to his language proficiency in English, French, Arabic, Farsi, and Urdu, he serves as a translator and as a mediator between U.S. officials and detainees at Bagram.[lxxix]

Mr. Al-Bakri’s status was determined in a Detainee Review Board (“DRB”)[lxxx] hearing in February, 2010.[lxxxi] Despite repeated requests to have counsel present at his DRB hearing, Mr. Al-Bakri alleges that he was denied the right to be represented.[lxxxii] He further maintains that the results of his DRB, including the determination of his status, were not released to his attorney.[lxxxiii] The DRB recommended continued detention for Mr. Al-Bakri.[lxxxiv] The pleadings do not indicate whether Mr. Al-Bakri had a subsequent six-month review DRB hearing, as is required under applicable rules.[lxxxv]

 

The U.S. government asserts that Mr. Al-Bakri is lawfully detained as an enemy combatant.[lxxxvi] It is not clear whether the U.S. acknowledges the allegations about the facts surrounding Mr. Al-Bakri’s detention as the documents filed by the U.S. government do not respond to the factual situation presented.

 

 

Haji Wazir

  • Born: unknown
  • Year of Detention: 2002[lxxxvii]
  • Age When Detained: unknown
  • Citizen of: Afghanistan
  • Detainee Number: N/A

 

Haji Wazir, an Afghan citizen who owned a transfer and currency exchange, alleges he was taken into custody in 2002 while on a business trip to Dubai, United Arab Emirates.[lxxxviii]

 

In September 2006, Mr. Wazir filed a habeas petition in federal court to challenge his detention.[lxxxix] In June 2009, a federal judge denied Mr. Wazir’s petition, ruling that because he is an Afghan citizen there might be “friction” with the Afghan government were he able to challenge his detention in U.S. courts.[xc] The U.S. government asserts that Mr. Wazir is lawfully detained as an enemy combatant.[xci]

 

In February 2010, Mr. Wazir had his status determined in a Detainee Review Board (“DRB”)[xcii] hearing. As a result of his DRB, Mr. Wazir was released.[xciii]

 

Other Bagram Habeas Cases

Jalatzai v. Gates

Sibghatullah Jalatzai

  • Born: 1986[xciv]
  • Year of Detention: 2008[xcv]
  • Age When Detained: 22
  • Citizen of: Afghanistan[xcvi]
  • Detainee Number: 3624[xcvii]

 

Sibghatullah Jalatzai, an Afghan citizen, maintains that he was taken into custody in 2008.[xcviii] For four years prior to his arrest, he was employed by the U.S. military as a translator.[xcix] He received certificates from the U.S. military commending him for his outstanding translation services.[c] When he was not traveling to different parts of Afghanistan for his job, Mr. Jalatzai lived with his family in Kabul.[ci]

 

Mr. Jalatzai was at his family’s home on April 9, 2008, when the home was searched and his brother, Samiullah Jalatzai, was seized by U.S. forces.[cii] Around April 19, 2008, Mr. Jalatzai went back to work as a translator for the U.S. military and traveled to Herat, Afghanistan.[ciii] For the next two months, Mr. Jalatzai communicated with his family by phone and inquired after his brother’s whereabouts.[civ] Sometime in June, 2008, Mr. Jalatzai stopped calling home. A few weeks later, his family was informed by the International Committee of the Red Cross (“ICRC”)that Mr. Jalatzai was being detained at Bagram.[cv]

 

Mr. Jalatzai asserts that he does not know why he is being detained. According to his February 2010 complaint, , he had not received a DRB or any other type of hearing to determine his status and challenge his detention.[cvi] It is not clear whether the U.S. acknowledges the facts surrounding Mr. Jalatzai’s detention as the documents filed by the U.S. government do not respond to the factual situation presented.

 

Samiullah Jalatzai

  • Born: 1985[cvii]
  • Year of Detention: 2008[cviii]
  • Age When Detained: 23
  • Citizen of: Afghanistan
  • Detainee Number: 3633[cix]

Samiullah Jalatzai, an Afghan citizen, contends that he was taken into custody in 2008. Prior to his arrest, he lived with his parents and his brother, Sibghatullah Jalatzai, in Kabul, Afghanistan.[cx] He worked at the New Dunia Telecommunications Company, an internet service provider, where he served as an IT customer support officer.[cxi] He was described as being “a responsible, talented, highly-valued and well-liked employee.”[cxii]

 

On April 9, 2008, Afghan forces arrived at New Dunia Telecommunications in Kabul and arrested Mr. Jalatzai.[cxiii] U.S. forces then brought Mr. Jalatzai to his home, where his father and brother were present, and proceeded to search the premises and seize a number of items.[cxiv] U.S. forces then left and took Mr. Jalatzai with them.[cxv] For approximately three months, Mr. Jalatzai’s family was unaware of where he had been taken. His family eventually received a letter from the International Committee of the Red Cross (“ICRC”) informing them that he was being detained at Bagram.[cxvi]

 

Mr. Jalatzai asserts that he does not know why he is being detained. According to his February 2010 complaint, he had not received a DRB or any other type of hearing to determine his status and challenge his detention.[cxvii]

 

It is not clear whether the U.S. acknowledges the facts surrounding Mr. Jalatzai’s detention as the documents filed by the U.S. government do not respond to the factual situation presented.

 

 

Wahid v. Gates

Haji Abdul Wahid

  • Born: 1949
  • Year of Detention: 2008[cxviii]
  • Age When Detained: 59
  • Citizen of: Afghanistan[cxix]
  • Detainee Number: 3901[cxx]

Haji Abdul Wahid, an Afghan citizen, alleges he was taken into custody in 2008.[cxxi] Prior to his arrest, he worked supervising the construction of a canal for the Afghan government. He lived in Jalalabad, Afghanistan.[cxxii]

 

On December 12, 2008, U.S. and Afghan forces searched his home. During the search, they seized a small briefcase containing Mr. Wahid’s property deeds and other important papers. U.S. and Afghan forces returned to Mr. Wahid’s home around December 20, 2008, and arrested Mr. Wahid.[cxxiii] About two or three months after his arrest, Mr. Wahid’s family received a letter from the ICRC informing them that he was being detained at Bagram.[cxxiv]

 

Mr. Wahid contends that he does not know why he is being detained. According to his February 2010 complaint, he had not received a DRB or any other type of hearing to determine his status and challenge his detention.[cxxv] It is not clear whether the U.S. acknowledges the facts surrounding Mr. Wahid’s detention as the documents filed by the U.S. government do not respond to the factual situation presented.

Zia-ur-Rahman

Zia-ur-Rahman, an Afghan citizen, is the nephew of Haji Abdul Wahid. Mr. Rahman contends he was taken into custody in 2008. Before his detention, Mr. Rahman worked as a food merchant in Jalalabad, Afghanistan, where he also resided.[cxxxi]

 

He was arrested on December 8, 2008, by U.S. and Afghan forces who were conducting a sweep of his neighborhood.[cxxxii] Two or three months later, Mr. Rahman’s family received a letter from the ICRC informing them that he was being detained at Bagram.[cxxxiii]

 

Mr. Rahman maintains that he does not know why he is being detained. According to his February 2010 complaint, he had not received a DRB or any other type of hearing to determine his status and challenge his detention.[cxxxiv] It is not clear whether the U.S. acknowledges the facts surrounding Mr. Rahman’s detention as the documents filed by the U.S. government do not respond to the factual situation presented.

 

El-Masri v. Tenet

Khalid El-Masri

  • Born: 1963[cxxxv]
  • Year of Detention: 2003[cxxxvi]
  • Age When Detained: 40
  • Citizen of: Germany[cxxxvii]
  • Detainee Number: N/A

Khalid El-Masri, a German citizen of Lebanese descent, alleges he was abducted in December, 2003, while he was traveling from Germany to Macedonia on holiday.[cxxxviii] Mr. El-Masri, who is married and has five children, worked in Germany as a carpenter, truck driver, and car salesman.[cxxxix]

 

Upon his arrival in Macedonia, Mr. El-Masri contends he was detained for approximately 23 days by Macedonian authorities. Following his detention in Macedonia, Mr. El-Masri maintains, he was shackled, blindfolded, and flown to the CIA detention facility near Kabul, Afghanistan, known as the “Salt Pit.”[cxl] Mr. El-Masri commenced a hunger strike during his time in custody and lost approximately 60 pounds.[cxli] He was released from custody in late May, 2004, and was left in Albania. He subsequently returned to Germany.[cxlii]

 

Mr. El-Masri filed suit against the CIA in federal court in the U.S. Despite admissions by U.S. officials that Mr. El-Masri was likely wrongly detained, his lawsuit was dismissed by a federal district judge based on the doctrine of “state secrets.”[cxliii] Mr. El-Masri appealed this decision, arguing that the district judge had misapplied the “state secrets” doctrine.[cxliv] The U.S. Court of Appeals for the Fourth Circuit ruled in favor of the government and affirmed the district judge’s decision, thereby dismissing Mr. El-Masri’s lawsuit. In October 2007, the U.S. Supreme Court refused to review Mr. El-Masri’s lawsuit.[cxlv]

 

Both Spain and Germany issued arrest warrants for the 13 CIA operatives who were allegedly involved in El-Masri’s arrest and detention.[cxlvi] The German publication Der Spiegel asserted that Wikileaks cables revealed U.S. government pressure on Germany not to follow through with the investigations and arrests of the CIA operatives. Germany allegedly cooperated with the U.S.’ request not to arrest the CIA operatives.[cxlvii] The status of the arrest warrants issued by Spain is unclear, but a Spanish criminal investigation remains open.[cxlviii]

 

Since his arrest, Mr. El-Masri’s mental health has reportedly deteriorated. He has been involved in three incidents which have lead to incarceration as well as evaluation and treatment in a German psychiatric facility.[cxlix]

 

On April 8, 2008, Mr. El-Masri filed a petition with the Inter-American Commission on Human Rights (“IACHR”), and asked that it conduct an investigation and hold a hearing on his case.[cl]

 

In September 2009, Open Society Justice Initiative brought a case against Macedonia on Mr. El-Masri’s behalf to the European Court of Human Rights.[cli] On October 8, 2010, the Court communicated the case to Macedonia, requiring it to “answer specific questions posed by the court about its alleged role in the rendition program.”[clii] Neither Macedonia nor the U.S. government have publicly acknowledged Mr. El-Masri’s extraordinary rendition.


[i] CROSS REFERENCE US LAW TAB

[ii] Mohamed v. Jeppesen Dataplan, Inc., 614 F.3d 1070, 1074 (9th Cir. 2010), cert. denied, 79 U.S.L.W. 3648 (U.S. May 16, 2011) (No. 10-778).

[iii] Id.

[iv] Id.

[v] Id.

[vi] Id.

[vii] Id.

[viii] Id.

[ix] Id.

[x] Id.

[xi] Id.

[xii] Id.

[xiii] Id.

[xiv] Richard Norton-Taylor, Peter Walker & Robert Booth, Binyam Mohamed Returns to Britain After Guantánamo Ordeal, Guardian, Feb. 23, 2009, http://www.guardian.co.uk/uk/2009/feb/23/binyam-mohamed-Guantánamo-plane-lands.

[xv] Motion to Dismiss at 9, Mohamed v. Jeppesen Dataplan, Inc., 539 F. Supp. 2d 1128 (N.D. Cal. 2007) (No. 07-cv-02798) (citing United States v. Reynolds, 345 U.S. 1, 10 (1953)).

[xvi] Motion to Dismiss, supra note 19, at 1.

[xvii] Id. For a personal account of his struggle through detention, see Binyam Mohamed, Worse Than My Darkest Nightmare, Guardian, Feb. 23, 2009, http://www.guardian.co.uk/commentisfree/2009/feb/23/binyam-mohamed-Guantánamo-torture.

[xviii] Mohamed v. Jeppesen Dataplan, Inc., 614 F.3d 1070, 1093 (9th Cir. 2010), cert. denied, 79 U.S.L.W. 3648 (U.S. May 16, 2011) (No. 10-778).

[xix] Mohamed v. Jeppesen Dataplan, Inc., 79 U.S.L.W. 3648 (U.S. May 16, 2011) (No. 10-778).

[xx] Binyam Mohamed Torture Case Appeal Court Ruling Due, Guardian, Feb. 10, 2010, http://www.guardian.co.uk/world/2010/feb/10/binyam-mohamed-torture-appeal-david-miliband?INTCMP=ILCNETTXT3487.

[xxi] Richard Norton-Taylor & Ian Cobain, Former Guantánamo Detainees Set for Payouts After Winning Secrecy Appeal, Guardian, May 4, 2010, http://www.guardian.co.uk/world/2010/may/04/government-secret-evidence-Guantánamo-torture1?INTCMP=ILCNETTXT3487.

[xxii] Binyam Mohamed: Read the Secret Torture Evidence, Guardian, Feb. 10, 2010, http://www.guardian.co.uk/world/2010/feb/10/binyam-mohamed-torture-evidence-paragraphs.

[xxiii] Id.

[xxiv] Biography of Plaintiff Mohamed Farag Ahmad Bashmilah, ACLU, http://www.aclu.org/national-security/biography-plaintiff-mohamed-farag-ahmad-bashmilah (last visited Feb. 11, 2011).

[xxv] Id.

[xxvi] Id.

[xxvii] Id.

[xxviii] Id.

[xxix] Id.

[xxx] Id.

[xxxi] Mohamed v. Jeppesen Dataplan, Inc., 539 F. Supp. 2d 1128, 1130–31(N.D. Cal. 2008).

[xxxii] Id.

[xxxiii] Id.

[xxxiv] Id.

[xxxv] Id.

[xxxvi] Id.

[xxxvii] Motion to Dismiss at 1, Mohamed v. Jeppesen Dataplan, Inc., 539 F. Supp. 2d 1128 (N.D. Cal. 2008) (No. C-07-02798-JW). For a description of “state secrets” doctrine, see supra note 19 and accompanying text.

[xxxviii] Mohamed v. Jeppesen Dataplan, Inc., 614 F.3d 1070, 1093 (9th Cir. 2010), cert. denied, 79 U.S.L.W. 3648 (U.S. May 16, 2011) (No. 10-778).

[xxxix] Mohamed v. Jeppesen Dataplan, Inc., 539 F. Supp. 2d 1128, 1130–31 (N.D. Cal. 2008).

[xl] Id.

[xli] Id.

[xlii] Id.

[xliii] Id.

[xliv] Id.

[xlv] Id.

[xlvi] Id.

[xlvii] Id.

[xlviii] Id.

[xlix] Motion to Dismiss at 1, Mohamed v. Jeppesen Dataplan, Inc. 539 F. Supp. 2d 1128 (N.D. Cal. 2008) (No. C-07-02798-JW). For a description of “state secrets” doctrine, see supra note 19 and accompanying text.

[l] Mohamed v. Jeppesen Dataplan, Inc., 614 F.3d 1070, 1093 (9th Cir. 2010), cert. denied, 79 U.S.L.W. 3648 (U.S. May 16, 2011) (No. 10-778).

[li] For more information on the outcome of the case, see the Commentary posts on “Retreat to Bagram” and “The Great Writ Goes to War.” [ALSO INSERT INTERNAL CROSS REFERENCE TO CASE SUMMARY PORTION OF WEBSITE]

[lii] Fadi al Maqaleh, Int’l Justice Network, http://www.webcitation.org/query?url=http%3A%2F%2Fwww.ijnetwork.org%2Ffadi-al-maqaleh&date=2010-02-04 (last visited Feb. 11, 2011).

[liii] Id.

[liv] Id.

[lv] Id.

[lvi] Id.

[lvii] Maqaleh v. Gates, 604 F. Supp. 2d 205 (D.D.C. 2009). Mr. Al Maqaleh is also referred to as Mr. Maqaleh in the various cases.

[lviii] Maqaleh v. Gates, 604 F. Supp. 2d 205 (D.D.C. 2009).

[lix] Maqaleh v. Gates, 605 F.3d 84, 87 (D.C. Cir. 2010)).

[lx] Fadi al Maqaleh, supra note 57.

[lxi] Respondents’ Motion to Dismiss First Amended Petition for Writ of Habeas Corpus at 1, Maqaleh v. Gates, 605 F.3d 84 (D.C. Cir. Sept. 15, 2008) (No. 06-cv-01669).

[lxii] Bovarnick, supra note 1, at 14 n.41. For more information on the DRB Process, see the Commentary posts on “The Role of the Personal Representative” and “Detainee Review Boards and U.S. Criminal Law.”

[lxiii] First Amended Petition for Writ of Habeas Corpus for al-Najar at 4, Maqaleh v. Gates, 604 F. Supp. 2d 205 (D.D.C. 2009) (No. 06-cv-01669-JDB) .

[lxiv] Id.

[lxv] Id.

[lxvi] Brief for Respondents-Appellants at 12, Maqaleh v. Gates, 605 F.3d 84 (D.C. Cir. Sept. 15, 2008) (Nos. 09-5265, 09-5266, 09-5277).

[lxvii] Id.

[lxviii] Redha al Najar, Int’l Justice Network, http://www.webcitation.org/query?url=http%3A%2F%2Fwww.ijnetwork.org%2Ffadi-al-maqaleh&date=2010-02-04 (last visited Feb. 11, 2011).

[lxix] Id.

[lxx] Bovarnick, supra note 1, at 14 n.41.

[lxxii] Id.

[lxxiii] Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief for Al-Bakri at 5, Maqaleh v. Gates, 604 F. Supp. 2d 205 (D.D.C. 2009) (No. 1:06-cv-01669-JDB).

[lxxiv] Id.

[lxxv] Id.

[lxxvi] Id.

[lxxvii] Id.

[lxxviii] Id.

[lxxix] Id. at 8.

[lxxx] For information on the Detainee Review Board process, see generally Bovarnick, supra note 1. See also Commentary posts cited in note lxiii supra.

[lxxxi] NEED CITE FOR THIS DATE

[lxxxii] Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief for Al-Bakri at 16, Maqaleh v. Gates, 604 F. Supp. 2d 205 (D.D.C. 2009) (No. 1:06-cv-01669-JDB).

[lxxxiii] Id.

[lxxxiv] Bovarnick, supra note 1, at 14 n.41.

[lxxxv] Id. See also Letter from Mr. Phillip Carter, Deputy Assistant Secretary of Defense for Detainee Policy, to Senator Carl Levin, Chairman of the Senate Armed Services Committee (July 14, 2010), available at http://www.wcl.american.edu/nimj/documents/addendum.pdf?rd=1 (including the six-page 2 July 2009 Detainee Review Procedures enclosure).

[lxxxvi] Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief for Al-Bakri at 16, Maqaleh v. Gates, 604 F. Supp. 2d 205 (D.D.C. 2009) (No. 1:06-cv-01669-JDB).

[lxxxviii] Maqaleh v. Gates, 604 F. Supp. 2d 205, 210 (D.D.C. Apr. 2, 2009).

[lxxxix] Id.

[xc] Memorandum of Opinion for Wazir, Maqaleh v. Gates, 604 F. Supp. 2d 205 (D.D.C. 2009) (No. 1:06-cv-01669-JDB).

[xci] Respondents’ Motion to Dismiss First Amended Petition for Writ of Habeas Corpus at 7, Maqaleh v. Gates, 604 F. Supp. 2d 205 , (D.D.C. Sept. 15, 2008) (No. 1:06-cv-01669-JDB).

[xcii] For more information, see sources cited in note lxii supra.

[xciii] Bovarnick, supra note 1, at 14, n.41.

[xciv] Petition for Writ of Habeas Corpus for Jalatzai at 14, Maqaleh v. Gates, 604 F. Supp. 2d 205 (D.D.C. 2009) (No. 1:06-cv-01669-JDB).

[xcv] Id.

[xcvi] Id.

[xcvii] Id. at 15.

[xcviii] Id. at 14.

[xcix] Id.

[c] Id.

[ci] Id.

[cii] Id.

[ciii] Id.

[civ] Id. at 15.

[cv] Id.

[cvi] Id.

[cvii] Id. at 12.

[cviii] Id.

[cix] Id. at 13.

[cx] Id. at 12.

[cxi] Id.

[cxii] Id.

[cxiii] Id.

[cxiv] Id.

[cxv] Id.

[cxvi] Id.

[cxvii] Id. at 13.

[cxviii] Petition for Writ of Habeas Corpus for Wahid at 15, Maqaleh v. Gates, 604 F. Supp. 2d 205 (D.D.C. 2009) (No. 1:06-cv-01669-JDB).

[cxix] Id. at 14.

[cxx] Id.

[cxxi] Id.

[cxxii] Id.

[cxxiii] Id.

[cxxiv] Id. at 15.

[cxxv] Id.

[cxxvi] Id.

[cxxvii] Id. at 12.

[cxxviii] Id.

[cxxix] Id.

[cxxx] Id. at 13.

[cxxxi] Id. at 12.

[cxxxii] Id.

[cxxxiii] Id. at 13.

[cxxxiv] Id.

[cxxxv] El-Masri v. Tenet, 437 F. Supp. 2d 530, 533 (E.D. Va. 2006), aff’d, 479 F. 3d 296 (4th Cir. 2007), cert. denied, 552 U.S. 947 (2007).

[cxxxvi] Id.

[cxxxvii] Id.

[cxxxix] Id.

[cxl] Id. at 541.

[cxli] Id.

[cxlii] Id.

[cxliii] Id. See also Neil A. Lewis, Federal Judge Dismisses Lawsuit by Man Held in Terror Program, N.Y. Times, May 16, 2006, available at http://query.nytimes.com/gst/fullpage.html?res=9E05E0D6123EF93AA25756C0A9609C8B63 (May 20, 2011).

[cxliv] El-Masri v. Tenet, 479 F.3d 296, 300 (4th Cir. 2007), cert. denied, 552 U.S. 947 (2007).

[cxlv] Id.

[cxlvi] Manuel Altozano, El fiscal solicita el arresto de 13 espías de EE UU que tripularon los vuelos de la CIA, El Paìs (Dec. 5, 2010), available at http://www.elpais.com/articulo/espana/fiscal/solicita/arresto/espias/EE/UU/tripularon/vuelos/CIA/elpepiesp/20100512elpepinac_12/Tes (Mar. 26, 2011).

[cxlvii] Matthias Gebauer & John Goetz, Cables Show Germany Caved to Pressure from Washington, Der Spiegel (Dec. 9, 2010), available at http://www.spiegel.de/international/germany/0,1518,733860,00.html (Mar. 23, 2011)

[cxlviii] The El-Masri Case, European Center for Constitutional and Human Rights (April 2011), available at http://www.ecchr.eu/el_masri_case.html (May 20, 2011).

[cxlix] Gebauer & Goetz, supra note 152.

[cl] Id.

[cli] Top European Court Demands Answers on CIA Rendition, Open Society Justice Initiative (Oct. 14, 2010), available at http://www.soros.org/initiatives/justice/focus/national-security/news/el-masri-european-court-20101014 (Mar. 23, 2011).

[clii] Id.