NO. 13- IN THE Supreme Court of the United States ABDUL AL QADER AHMED HUSSAIN, Petitioner, v. BARACK OBAMA, President of the United States; CHARLES T. HAGEL, Secretary of Defense; JOHN BOGDAN, Colonel, U.S. Army; RICHARD W. BUTLER, Admiral, U.S. Navy. Respondents. On Petition for a Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit PETITION FOR A WRIT OF CERTIORARI WESLEY R. POWELL COUNSEL OF RECORD JONATHAN MCALISTER SARAH WASTLER WILLKIE FARR & GALLAGHER LLP 787 SEVENTH AVENUE NEW YORK, NY 10019 (212) 728-8000
[email protected] NOVEMBER 19, 2013 COUNSEL FOR THE PETITIONER SUPREME COURT PRESS ♦ (888) 958-5705 ♦ BOSTON, MASSACHUSETTS i QUESTIONS PRESENTED Whether the Court of Appeals failed to apply the governing preponderance of the evidence standard in affirming the denial of Petitioner’s habeas corpus petition, thus denying him the meaningful review mandated by this Court in Boumediene v. Bush. Whether the Court of Appeals improperly shifted the burden of proof to Petitioner to disprove affiliation with al Qaeda or the Taliban at the time of his capture. ii PARTIES TO THE PROCEEDING Petitioner Abdul Al Qader Ahmed Hussain (ISN 690) (“Hussain” or “Petitioner”) is one of several petitioners in the civil action captioned Issam Hamid Ali Bin Al Jayfi, et al. v. Barack H. Obama, et al., No. 05-2104, filed October 27, 2005. Hussain is the real party in interest and petitioner in this Court. Respondents Barack Obama, President of the United States. Charles T. Hagel, Secretary of Defense. Army Col. John Bogdan, Commander, Joint Detention Group, Guantánamo Bay.