The Department of Justice appealed the decision. Oral arguments were heard on September 17, 2010, by a three-judge panel for the United States Court of Appeals for the District of Columbia Circuit. In oral arguments, Judge David S. Tatel questioned whether swearing "bayat" in 1991 is evidence of actions a decade and more later against the United States. He noted, "When he swore bayat, the United States and al-Qaeda had a common goal. Both the United States and al-Qaeda were opposing a communist government of Afghanistan." The panel discussed sending the case back to the District Court or over-ruling the decision, based on other recent D.C. Circuit rulings on the criteria that justify detention, which were still being developed.