Abdul Ali v. Barack Obama

Opinion for the Court filed by Circuit Judge KAVANAUGH.

Opinion concurring in the judgment filed by Senior Circuit Judge EDWARDS.

KAVANAUGH, Circuit Judge:

The United States is engaged in an ongoing war against al Qaeda, the Taliban, and associated forces. In March 2002, as part of that war, Abdul Razak Ali was captured by U.S. and Pakistani forces at a four-bedroom house in Faisalabad, Pakistan. After Ali’s capture, the U.S. military detained him as an enemy combatant. Since June 2002, Ali has been held at the U.S. Naval Base in Guantanamo Bay, Cuba.

When captured at the house in Pakistan, Ali…