In Salahi v. Obama, No. 10-5087, the government's appeal from the district court's grant of a Guantanamo Bay detainee's habeas petition, the court vacated the order where the court of appeals had issued several opinions that cast serious doubt on the district court's approach to determining whether an individual is "part of" al-Qaida.
As the court wrote: "This case is more than merely the latest installment in a series of Guantanamo habeas appeals. The United States seeks to detain Mohammedou Ould Salahi
on the grounds that he was "part of" al-Qaida not because he fought with al-Qaida or its allies against the United States, but rather because he swore an oath of allegiance to the organization, associated with its members, and helped it in various ways, including hosting its leaders and referring aspiring jihadists to a known al-Qaida operative."