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Al-Hela v. Biden and Due Process at Guantanamo A photo of the E. Barrett Prettyman United States Court House, which houses the U.S. Court of Appeals for the District of Columbia Circuit. (NCinDC, https://flic.kr/p/gcj6HV; CC BY-ND 2.0, https://creativecommons.org/licenses/by-nd/2.0/) On April 23, the U.S. Court of Appeals for the District of Columbia granted Guantanamo Bay detainee Abdulsalam Ali Abdulrahman Al-Hela’s petition for a rehearing en banc to consider his claim for habeas corpus relief under the Due Process Clause of the Fifth Amendment. This vacated a 2020 panel opinion that had rejected al-Hela’s claims on the grounds that, as a nonresident alien without presence or property in the United States, he possessed no constitutional due process rights. Granting rehearing positions the en banc D.C. Circuit to potentially confront the question of whether the Due Process Clause reaches the detainees at Guantanamo Bay, an issue that it has thus far avoided deciding even as a

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