Al-Marri v. Pucciarelli

NIEMEYER, Circuit Judge,

concurring in the judgment in part and dissenting in part, as indicated herein:

After we received briefs and heard argument in this case, the Supreme Court handed down its decision in Boumediene v. *342Bush, —U.S. - 128 S.Ct. 2229, 171 L.Ed.2d 41 (2008), holding that foreign nationals detained at the U.S. Naval Station at Guantanamo Bay as enemy combatants under the Authorization for Use of Military Force (“AUMF”), Pub.L. No. 107-40,115 Stat. 224 (2001), have the privilege of habeas corpus. 128 S.Ct. at --, Slip op. at 41. The Court also held that when judicial power to…