USC.A Case 11-5lHU
2HlpeJ J2 J4/2U 12
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Opinion for the Court filed by
Senior Circuit Judge
Senior Circuit Judge:
This is an appeal fromthe judgment ofthe district court, Urbina,
denying KhairullaKhairkhwa's petition for a writ of habeas corpus.Khairkhwa is a detainee at Guantanamo Bay Naval Base.
793 F. Supp. 2d
(D.D.C. 2011). TheAuthorization for Use of Military Force (AUMF), Pub.
No.107-40, 115 Stat. 224 (200
authorized the President to detainindividuals who were "part of' al-Qaeda, the Taliban, or associated forces engaged inhostilities against the United Statesor its allies.
See, e.g., A/-Bihani
590 FJd 866, 872(D.C. Cir.
11-12 (D.C. Cir.2010). The National Defense Authorization Act for Fiscal Year 2012 affirmed the President's authority to detain any "personwho was a part of or substantially supported al-Qaeda, theTaliban, or associated forces that are engaged in hostilitiesagainst the United States or its coalition partners, including any person who has committed a belligerent act or has directlysupported such hostilities in aid of such enemy forces." Pub. L. No. 112-81, ~ 1021, 125 Stat. 1298, 1562 (2011).Khairkhwa, an Afghan national, became a senior Talibanotlicial in 1994, several years after Soviet troops withdrew fromAfghanistan. He admits as much but asserts that he was not a part of the Taliban forces.
The evidence presented at a four-dayhearing before the district court showed otherwise.
Although thedistrict court discussed classified evidence, theunclassified evidence set forth in this opinion is alone sufficient tosustain the court's denial of Khairkhwa's petition.
Case 1:13-cv-01878-ELH Document 40-1 Filed 06/13/14 Page 3 of 8