Barber v. Superior Court of Cal.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that under the AUMF, a person may be lawfully detained if, inter alia, he was “part of’ al Qaeda forces
• holding that, inter alia, accompanying a fighting unit on the battlefield, carrying a weapon issued by the unit, and retreating under unit orders “strongly suggest ... that [the detainee] was part of’ the unit
• noting that “both prongs are valid criteria that are independently sufficient to satisfy the standard”
• explaining that the government may lawfully detain an individual who was part of or supported the Taliban
• observing that \both prongs (of the detention standard] are valid criteria that are independently sufficient to satisfY the standard\
• noting that the 55th Arab Brigade was “an Al Qaeda-affiliated outfit . . . [fighting] alongside the Taliban while the Taliban was harboring Al Qaeda”

Source: CourtListener parenthetical corpus (CC0).