Legal Opinion

In re Al-Nashiri

Court of Appeals for the D.C. Circuit

Decided June 23, 2016No. 14-1203PublishedCited by 53 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Abd al-Rahim Hussein Muhammed alNashiri (Nashiri) is a detainee at Guantanamo Bay, Cuba, who is currently being tried by military commission. He asks this Court to resolve, via mandamus, two challenges to the constitutionality of the United States Court of Military Commission Review (CMCR). Our answer is simple: Not now. Because Nashiri can adequately raise his constitutional challenges on appeal from final judgment, we deny his petition.

I

A

The current structure of the military commissions operating…

2Cases cited58 opinions

  1. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  2. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  3. Califano v. YamasakiSupreme Court of the United States · 1979
  4. Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
  5. Allied Chemical Corp. v. Daiflon, Inc.Supreme Court of the United States · 1980

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3Cited by53 opinions

  1. United States v. Fokker Services B.V.Court of Appeals for the D.C. Circuit · 2016
  2. John Doe Co. v. Consumer Financial Protection BureauCourt of Appeals for the D.C. Circuit · 2017
  3. Tilton v. Securities & Exchange CommissionCourt of Appeals for the Second Circuit · 2016
  4. Ortiz v. United StatesSupreme Court of the United States · 2018
  5. Alpine Securities Corporation v. Financial Industry Regulatory Authority, Inc.Court of Appeals for the D.C. Circuit · 2024

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