Al Hela poses the same central question posed by The Center for Constitutional Rights' Ali appeal: whether the Constitution’s Due Process Clause extends to individuals detained at Guantanamo Bay. Mr. al Hela has been held at Guantanamo without charge or trial since 2004. He was cleared for transfer by the Priodic Review Board in 2021.

Applying the Due Process Clause to his case would not only prohibit detaining him based on weak, untestable evidence, including evidence not seen by the detainee or his counsel, but also should set an upper time limit on detention without criminal charge.

The Center for Constitutional Rights filed an amicus (friend of the court) brief in the case. The law firm of Covington & Burling represents al Hela, along with Beth Jacob of Healing and Recovery from Trauma (HeaRT).