those detained at Bagram are the five appellants
in this case (to whom we refer collectively as the Appellants).
Three of the Appellants—Fadi al-Maqaleh, Amin al-Bakri
and Redha al-Najar—were appellees in Al Maqaleh II (we
refer to them collectively as the Al Maqaleh II Appellants).
Appellant al-Maqaleh is a Yemeni citizen who alleges that the
United States captured him outside Afghanistan and
transferred him to Bagram in 2004 or 2005. Appellant al-
Bakri is a Yemeni citizen who alleges that the United States
captured him in Thailand in 2002 and eventually transferred
him to Bagram. Appellant al-Najar is a Tunisian citizen who
alleges he was captured in Pakistan in 2002 and subsequently
transferred to Bagram. Appellant Amanatullah is a Pakistani
citizen who was captured by British forces in Iraq in 2004 or
2005 and subsequently transferred to Bagram. Appellant
Hamidullah is a Pakistanicitizen who alleges that he was
captured in the Pakistani border region of South Waziristan in
2008 at the age of fourteen and subsequently detained at
Bagram.
     Before Al Maqaleh II, the United States housed detainees
within the confines of Bagram at the Bagram Theater
Internment Facility (BTIF). In late 2009, however, the United
States constructed a new detention facility, then known as the
Detention Facility in Parwan (DFIP), just outside Bagram.
The United States transferred all Afghan detainees held in the
BTIF to the DFIP by late 2009. Adjacent to the DFIP, the
United States built a separate facility to house non-Afghan
detainees. In May 2012, the United States agreed to transfer
both “U.S. detention facilities in Afghan territory to Afghan
control” and “Afghan nationals detained by U.S. forces at the
[DFIP] to Afghanistan.” Memo. of Understanding