Hussein v. Obama

821 F. Supp. 2d 67, 2011 U.S. Dist. LEXIS 125434, 2011 WL 5114842
CourtDistrict Court, District of Columbia
DecidedOctober 12, 2011
DocketCivil Action No. 05-2104(RBW)
StatusPublished
Cited by3 cases

This text of 821 F. Supp. 2d 67 (Hussein v. Obama) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hussein v. Obama, 821 F. Supp. 2d 67, 2011 U.S. Dist. LEXIS 125434, 2011 WL 5114842 (D.D.C. 2011).

Opinion

MEMORANDUM OPINION

REGGIE B. WALTON, District Judge.

Currently before the Court is Abdul Qader Ahmed Hussein’s (ISN 690)1 petition for a writ of habeas corpus, in which he argues that he should be released from the United States detention facility in Guantanamo Bay, Cuba because his detention is not statutorily authorized under the Authorization for the Use of Military Force (the “AUMF”), Pub.L. No. 107-40, § 2(a), 115 Stat. 224 (2001). Petition for Writ of Habeas Corpus (“Pet.”) 3. The government opposes the petitioner’s habeas petition on the grounds that, among other things, he “traveled to Afghanistan to join al-Qaida, the Taliban, [ ]or associated forces,” thereby rendering him detainable under the AUMF. Joint Pre-Trial Statement (“Joint Stmt.”) at 1. After carefully considering the evidence presented by both parties and the arguments of counsel during the merits hearing that commenced on May 25, 2010, and concluded on September 1, 2010, as well as the various documents that have been filed by the parties in this matter and the exhibits attached to these filings,2 the Court concludes for the following reasons that the petitioner’s petition for a writ of habeas corpus must be denied.

[69]*69I. Background3

The petitioner is “a native of Al-Mukullah, Yemen.” Joint Stmt, at 2, 12. Around the time when he was finishing his “last year in middle school,” id. at 14:14, when he was approximately fourteen-years old, id. at 19:22, the petitioner contends he desired to leave Yemen and travel to Pakistan, see id. at 14:22-24 (testimony by the petitioner that he “traveled to Pakistan” after he “got the results” of his final exams in September 1999 and “knew [he had] passed”), because (1) he wanted “to learn and memorize the Koran,” 5/26/10 Hr’g Tr. at 16:7, (2) he wanted “to learn about ... computers,” id. at 16:8, and (3) he wanted “to get involved in some rescue activities,” such as “helping the Afghani poor people,” id. at 16:9-10. Of those three reasons, the petitioner’s “main goal was to memorize the Holy Koran,” 5/26/10 Hr’g Tr. at 27:11-12, because, according to the petitioner, “memorizing the Koran is something that is highly appreciated^] ... it teaches you to have a good moral character,” and “[i]t teaches you to treat people well,” id. at 27:20-23. Furthermore, the petitioner reasoned that because he did not “speak the Pakistani language, ... [he would] have ... a lot of time ... to learn the Koran.” Id. at 17:14-15. With regard to his alleged desire to assist poor Afghan-is, the petitioner states that his interest in such charitable work stemmed from his childhood experience, when he “used to help [his] father ... work [at a] charity organization” and assist “Somali refugees” by “distributing food[ and] clothes” to those individuals. Id. at 16:15-22. As to his interest in computers, the petitioner viewed Pakistan as a place to pursue his studies because it “was a very cheap country and[,] ... from [a] technological point of view, it[ is] more advanced than Yemen.” Id. at 17:10-12.

Despite his interest in traveling to Pakistan, the petitioner did not conduct any research about the country. Id. at 18:3-4. According to the petitioner, the travel habits of individuals in the Middle East differ from those of Americans; specifically, the petitioner claims that unlike “the culture ... in America,” where people “plan ... what they are going to do” prior to traveling, the petitioner asserts that people from “Yemen and [other] Arab countries” do not engage in such planning; rather, they simply “take enough money to [travel],” and they bring with them any necessary phone numbers and identification. Id. at 18:7-17. And, while the petitioner had interest in being involved with charitable projects in Pakistan, he did not conduct any research on any organizations; rather, he contends he planned to locate “humanitarian ... or human rights organizations” that assisted Afghani refugees once he arrived in Pakistan. Id. at 18:22-25. The petitioner did discuss his travel plans with his father, who “accepted” and “welcomed” the idea of the petitioner traveling to Pakistan. Id. at 17:18-23. Thus, “[i]n [September] 1999,” id. at 14:6-8, the “[petitioner traveled from Sana’a, Yemen to Karachi, Pakistan,” Joint Stmt, at 12. The petitioner’s father “paid for the trip,” 5/26/10 Hr’g Tr. at 17:17, and thereafter provided the petitioner with money while he was living in Pakistan, Pet’r’s Exhibits, Ex. 200 (First Declaration of Ahmed Abdul Qader Hussein (“First Pet’r’s Decl.”)) ¶ 4.

[70]*70Upon arriving in Karachi, the petitioner decided “to do some sightseeing.” Id. at 24:25-25:1. He testified he spent two weeks in Karachi, id. at 23:21-22, before deciding to travel to Quetta, id. at 25:2-3, where he understood that a charity devoted to assisting Afghani refugees was located, id. at 26:21-22. He then took a group bus from Karachi to Quetta, id. at 26:24, where he “liv[ed] in the Jama’at [a]l-Tabligh[i] mosque” for the three-month period he was living in Quetta, Pet’r’s Exhibits, Ex. 200 (First Declaration of Abdul Ahmed Qader Hussein (“First Pet’r’s Deck”)) ¶ 17, 5/26/10 Hr’g Tr. at 27:2-3; see also 5/26/10 Hr’g Tr. at 27:5 (testimony by the petitioner that he stayed at “a mosque known by the name of the Tablighi”).

While in Quetta, the petitioner asserts that he wanted to learn about “how [he] could join ... a charity organization.”4 Id. at 29:6-7. The petitioner would ask questions of “people that would come into the mosque,” id. at 29:17-18, about “ways to start working and helping Afghani refugees,” id. at 29:6-7. From those conversations, he learned that the standard of living “in Afghanistan ... was much cheaper than Pakistan.” Id. at 29:9-10. Thus, the petitioner was told that “if [he] wanted to help Afghani refugees, ... it would be much better” to provide such assistance in Afghanistan.5 Id. at 29:11-13.

One of the individuals he spoke with about his desire to assist Afghani refugees was an individual by the name of Sayed Khan, see Joint Stmt, at 12 (“Before crossing the [Pakistani-Afghani] border, [the petitioner met a man named Sayed Khan.”]); but see 5/26/10 Hr’g Tr. at 29:25-30:2 (testimony by the petitioner that he traveled to Afghanistan with “Mr. Khan,” but did not know his first name), who he spoke with on “many” occasions and from whom he received “advice,” 5/26/10 Hr’g Tr. at 31:15. The petitioner understood Khan to be involved in the sale of electronics in Pakistan, see id. at 30:16-31:4 (explanation by the petitioner regarding Khan’s sale of electronics), and that he had no affiliation with al-Qaeda or the Taliban, id. at 31:7-9. The petitioner learned that Khan “was going to Afghanistan” and asked whether he could travel with Khan, to which Khan agreed. Id. at 31:16-19; but see id. at 30:8-9 (question posed by his counsel as to whether Khan “discuss[ed] the word ‘Afghanistan’ with you,” to which the petitioner responded “No”). Then, in approximately February 2002, the petitioner and Khan traveled to Kabul, Afghanistan, Joint Stmt, at 12, by way of a “transportation taxi,”6 5/26/10 [71]*71Hr’g Tr. at 32:12, with transfers at the Pakistani-Afghani border and Kandahar, Afghanistan, id. at 32:7-10.

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Related

Hussain v. Obama
134 S. Ct. 1621 (Supreme Court, 2014)
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718 F.3d 964 (D.C. Circuit, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
821 F. Supp. 2d 67, 2011 U.S. Dist. LEXIS 125434, 2011 WL 5114842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hussein-v-obama-dcd-2011.