Al-Bihani v. Obama Historic Case

At a Glance

Date Filed: 

June 30, 2005

Current Status 

Mr. Al-Bihani was transfered to Oman on January 17, 2017.

Client(s) 

Case Description 

Ghaleb Nasser Al-Bihani is a Yemeni citizen born in 1979 in Tabuk, Saudi Arabia. In early 2002, Mr. Al-Bihani was transferred to Guantanamo, where he has been detained for well over a decade without charge. Mr. Al-Bihani has never been accused of having raised arms against the United States. He has been imprisoned since 2002 on the basis of allegations that he was an assistant cook for Arab forces supporting the Taliban in an Afghan conflict against the Northern Alliance before 9/11. Both the D.C. District Court and the D.C. Court of Appeals upheld his detention on this basis, and the Supreme Court refused to grant his request to hear his case in April 2011.

In April 2014, Mr. Al-Bihani appeared before the Obama administration’s Periodic Review Board to demonstrate his efforts to prepare for a better future and his hopes for a new beginning. In May 2014, the Board approved Mr. Al-Bihani for transfer from Guantanamo, finding “credible his commitment to building a peaceful life” and determining that his continued detention was unecessary. He was transferred to Oman in January 2017 in the final days of the Obama administration.

Read Mr. Al-Bihani's client profile here.

Case Timeline

January 17, 2017
Mr. Al-Bihani istransfered to Oman
January 17, 2017
Mr. Al-Bihani istransfered to Oman
May 2014

Government approves Mr. Al-Bihani for transfer

May 2014

Government approves Mr. Al-Bihani for transfer

The Obama administration's Periodic Review Board approves Mr. Al-Bihani for transfer from Guantanamo and determines that his continued detention is unnecessary.
September 25, 2013
Government notifies Mr. Al-Bihani of his upcoming Period Review Board (PRB)
September 25, 2013
Government notifies Mr. Al-Bihani of his upcoming Period Review Board (PRB)
June 17, 2013

Defense Department releases names of 48 detainees designated for indefinite detention

June 17, 2013

Defense Department releases names of 48 detainees designated for indefinite detention

In response to a FOIA suit by The Miami Herald, the DOD releases the names of men deemed “too dangerous to release,” but ineligible for trial. The designations were after a review by the Obama administration’s Guantanamo Review Task Force in 2009-10. Mr. Al-Bihani is among the 48. The government had refused to disclose the names of the men in this category.

April 4, 2011

Supreme Court denies Mr. Al-Bihani’s petition for certiorari

April 4, 2011

Supreme Court denies Mr. Al-Bihani’s petition for certiorari

August 31, 2010

D.C. Circuit denies Mr. Al-Bihani’s petition for rehearing en banc

August 31, 2010

D.C. Circuit denies Mr. Al-Bihani’s petition for rehearing en banc

January 5, 2010

D.C. Circuit affirms district court’s denial of habeas

 

January 5, 2010

D.C. Circuit affirms district court’s denial of habeas

 

January 28, 2009

Court denies habeas petition

January 28, 2009

Court denies habeas petition

District Court Judge Richard Leon denies Mr. Al-Bihani's habeas petition.
June 30, 2005
CCR files habeas petition on behalf of Mr. Al-Bihani
June 30, 2005
CCR files habeas petition on behalf of Mr. Al-Bihani
Mr. Al-Bihani files a habeas corpus petition in the U.S. District Court for the District of Columbia
June, 2002

Mr. Al-Bihani handed over to U.S.

June, 2002

Mr. Al-Bihani handed over to U.S.

Mr. Al-Bihani is handed over to U.S. forces after several months of detention in Afghanistan, including near Mazar-e-Sharif and Sheberghan, and subsequently transferred to Guantanamo.