The Fourth Circuit Court on Monday ordered lawyers for Ali Saleh Kahlah Al-Marri to respond by Aug. 15 to the Bush Administration’s request for en banc review of the Circuit Court ruling rejecting the President’s authority to order the capture and detention within the U.S. of a civilian foreign national. In a brief order, the Circuit Court clerk notified lawyers that the Court had sought an answer. The order can be found here.
While barring seizure and detention of civilians within the U.S., the Circuit Court limited its decision to those who are in the country legally and have established connections here.
Under federal court rules, a petition for en banc review ordinarily will not be granted unless a response is sought by the court.
An earlier post discussing the government’s rehearing request can be found here.
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