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Yaser Esam Hamdi, former U.S. citizen who was held as an enemy combatant in the Continental U.S. See Supreme Court ruling Hamdi v. Rumsfeld (2004)
Allred, and Peter Brownback, the officer presiding over Omar Khadr's Tribunal, ruled that the since the Act only authorized the Commissions to try "unlawful enemy combatants", and that Hamdan and Khadr's Combatant Status Review Tribunals had merely confirmed that the captives were "enemy combatants", the Commissions lacked jurisdiction.
Al Laithi is one of the small percentage of Guantanamo detainees who, during his Combatant Status Review Tribunal, was determined not to have been an "enemy combatant" after all.
Judge Diana Gribbon Motz wrote the plurality opinion, which held that, as a legal resident of the United States who was originally detained within the United States, al-Marri may not be held in military custody as an enemy combatant.
In 2004, Justice Antonin Scalia used this phrase to decry the plurality decision in Hamdi v. Rumsfeld which in his view, upheld the detention of a U.S. citizen as an enemy combatant, without charge or suspension of the habeas corpus.
H. Candace Gorman, the pro bono lawyer for Abdel Hamid Ibn Abdussalem Ibn Mifta Al Ghazzawi described her surprise when she learned that her client had initially been determined not to have been an enemy combatant, after all.