Summary
The D.C. Circuit dismissed an appeal by Guantánamo detainee Ammar al-Baluchi challenging a district court order denying his motion to compel the government to convene a Mixed Medical Commission for repatriation assessment. The court held that it lacked jurisdiction because the district court's ruling was interlocutory and did not fall under any recognized exception to the final-order rule, as the government retains discretion to delay repatriation pending ongoing military commission proceedings. Consequently, al-Baluchi failed to demonstrate the irreparable harm necessary for immediate appellate review.
Topics
Practice areas
Questions Presented
- Whether the D.C. Circuit has jurisdiction to review the district court’s nonfinal order denying Al-Baluchi’s motion to compel a Mixed Medical Commission.
Holdings
- The court lacks jurisdiction to review the district court’s nonfinal order; the appeal is dismissed.
Key quotations
“Because al-Baluchi has not shown that we have jurisdiction to review the district court’s nonfinal order, we dismiss the appeal.” (at end of opinion)
Factual background
Al-Baluchi, a Pakistani national detained at Guantánamo Bay since 2006, alleged severe medical injuries and sought repatriation via a Mixed Medical Commission under Army Regulation 190-8. The district court denied his request, holding that as a detainee captured in a non‑international armed conflict he was not entitled to such a commission.
Procedural history
Al-Baluchi filed a habeas petition in 2008; the district court stayed the petition pending military commission. In 2022 he moved to compel a Mixed Medical Commission; the district court denied the motion. Al-Baluchi appealed the denial.