Case: ACLU Foundation v. Mattis

1:17-cv-02069 | U.S. District Court for the District of Columbia

Filed Date: Oct. 5, 2017

Clearinghouse coding complete

Case Summary

On October 5, 2017, the American Civil Liberties Union Foundation (ACLUF) filed this lawsuit in the U.S. District Court for the District of Columbia on behalf of an American citizen being detained by the United States military in Iraq. The plaintiff sued the Secretary of Defense under the federal habeas corpus statute, 28 U.S.C. §2241, the Non-Detention Act of 1971, and 18 U.S.C. § 4001(a). The plaintiff sought injunctive relief, claiming violations of the Fourth, Fifth, and Sixth Amendments to…

On October 5, 2017, the American Civil Liberties Union Foundation (ACLUF) filed this lawsuit in the U.S. District Court for the District of Columbia on behalf of an American citizen being detained by the United States military in Iraq. The plaintiff sued the Secretary of Defense under the federal habeas corpus statute, 28 U.S.C. §2241, the Non-Detention Act of 1971, and 18 U.S.C. § 4001(a). The plaintiff sought injunctive relief, claiming violations of the Fourth, Fifth, and Sixth Amendments to the United States Constitution. The Defense Department had detained the plaintiff since on or around September 14, 2017, after Syrian forces transferred him to U.S. Custody. The Defense Department asserted it was detaining the plaintiff because he was allegedly fighting for the Islamic State of Iraq and Syria ("ISIS") in Syria. The ACLUF claimed that the Defense Department held the plaintiff "without charge, without access to a court or other meaningful opportunity to challenge his detention before a neutral decisionmaker, and without access to counsel."

The defendants moved to dismiss the complaint on October 30, 2017. They alleged that the ACLUF lacked standing to seek habeas corpus relief on the plaintiff's behalf and that the circumstances did not warrant the ACLUF's immediate access to the plaintiff. On December 23, 2017, District Judge Tanya S. Chutkan denied the motion. 286 F. Supp. 3d 53. She ordered the Defense Department to allow the ACLUF immediate and unmonitored access to the plaintiff for the purpose of determining whether the plaintiff wished for the ACLUF to continue this action on his behalf. She also ordered the Defense Department to refrain from transferring the plaintiff until the ACLUF informed the court of the plaintiff's wishes regarding his representation in this action. The plaintiff presumably requested that the ACLUF continue the action on his behalf.

The plaintiff moved for the court to prevent the Defense Department from transferring him to another country while his case was pending. Judge Chutkan granted in part and denied in part this motion on January 23, 2018. She held that the court would not enjoin the Defense Department from transferring the plaintiff but would require it to provide the court and the plaintiff's counsel with seventy-two hours' notice prior to any transfer. 288 F. Supp. 3d 195. The defendants appealed this judgment on February 2, 2018. On April 18, 2018, the plaintiff sought a preliminary injunction to prevent the Defense Department from transferring the plaintiff from U.S. custody into the custody of another country. Judge Chutkan granted this motion on April 19, 2018. The defendants appealed this judgment on April 20, 2018.

The defendants' two appeals were consolidated. On May 7, 2018, the U.S. Court of Appeals for the District of Columbia Circuit sustained both of the district court's orders. The opinion for the court was filed by Circuit Judge Sri Srinivasan, with whom Circuit Judge Robert L. Wilkins joins. A dissenting opinion was filed by Circuit Judge Karen LeCraft Henderson. 889 F.3d 745.

On June 22, 2018, the plaintiff filed a sealed motion for a preliminary injunction and the party underwent settlement discussions. On October 28, 2018, the Defense Department released the plaintiff and the parties agreed to dismiss this case with prejudice. On November 7, 2018, the court dismissed this case with prejudice and order each party to bear its own costs and fees.

The plaintiff then filed an unopposed motion for extension of time to destroy documents and the court granted this order on February 28, 2019. In addition, the court ordered that the plaintiff must file any motion to challenge continued designation of materials by April 8, 2019.

On April 8, 2019, the plaintiff moved to unseal documents relating to the government’s proposed forcible transfer of the plaintiff into Syria, namely. The next day, the New York Times sought to intervene and filed a motion to unseal in the D. C. Circuit. In the district court, however, the plaintiff indicated that the parties had reached an agreement regarding the motion to unseal, in its motion to hold in abeyance the briefing deadline on June 8, and the court stayed the motion to unseal.

On June 28, 2019, the D.C. Circuit granted the motion to intervene by the New York Times, withdrew the motion to unseal filed on April 9, and reissued an unredacted version of the appellate court opinion barring transfer. 928 F.3d 1.

Summary Authors

Victoria Fiengo (9/27/2018)

Sichun Liu (3/17/2019)

Averyn Lee (6/6/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6164693/parties/doe-v-mattis/


Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Srinivasan, Srikanth (District of Columbia)

Wilkins, Robert Leon (District of Columbia)

Attorneys(s) for Plaintiff

Diakun, Anna Natalia (New York)

Hafetz, Jonathan L. (New York)

Kaufman, Brett Max (New York)

Ladin, Dror (New York)

Metcalf, Hope R. (Connecticut)

Shamsi, Hina (New York)

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Srinivasan, Srikanth (District of Columbia)

Wilkins, Robert Leon (District of Columbia)

Attorneys(s) for Plaintiff

Diakun, Anna Natalia (New York)

Hafetz, Jonathan L. (New York)

Kaufman, Brett Max (New York)

Ladin, Dror (New York)

Metcalf, Hope R. (Connecticut)

Shamsi, Hina (New York)

Spitzer, Arthur (District of Columbia)

Attorneys(s) for Defendant

Burnham, James M (District of Columbia)

Henry, Terry Marcus (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Liu, Jessie K. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Scott, Olivia Hussey (District of Columbia)

Wyer, Kathryn L. (District of Columbia)

Documents in the Clearinghouse

Document

1:17-cv-02069

Docket [PACER]

Doe v. Mattis

July 8, 2019

July 8, 2019

Docket
1

1:17-cv-02069

Petition for a Writ of Habeas Corpus

American Civil Liberties Union Foundation v. Mattis

Oct. 4, 2017

Oct. 4, 2017

Complaint
8

1:17-cv-02069

Order

Oct. 19, 2017

Oct. 19, 2017

Order/Opinion
29

1:17-cv-02069

Memorandum Opinion

American Civil Liberties Union Foundation v. Mattis

286 F.Supp.3d 53

Dec. 23, 2017

Dec. 23, 2017

Order/Opinion
51

1:17-cv-02069

Memorandum Opinion

American Civil Liberties Union Foundation v. Mattis

288 F.Supp.3d 195

Jan. 23, 2018

Jan. 23, 2018

Order/Opinion
56

1:17-cv-02069

Notice of Appeal

American Civil Liberties Union Foundation v. Mattis

Feb. 2, 2018

Feb. 2, 2018

Pleading / Motion / Brief
88

1:17-cv-02069

Preliminary Injunction

Doe v. Mattis

April 19, 2018

April 19, 2018

Order/Opinion
89

1:17-cv-02069

Notice of Appeal

Doe v. Mattis

April 20, 2018

April 20, 2018

Pleading / Motion / Brief

1:17-cv-02069

18-05032

Order

Doe v. Mattis

U. S. Court of Appeals for the District of Columbia Circuit

May 9, 2018

May 9, 2018

Order/Opinion
120

1:17-cv-02069

Joint Status Report

Doe v. Mattis

Sept. 26, 2018

Sept. 26, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6164693/doe-v-mattis/

Last updated Aug. 7, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

ENTERED IN ERROR.....COMPLAINT against JAMES N. MATTIS ( Filing fee $ 400 receipt number 0090-5146078), CIVIL COVER SHEET by JOHN DOE, AMERICAN CIVIL LIBERTIES UNION FOUNDATION filed by JOHN DOE, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Shamsi, Hina) Modified on 10/6/2017 (zsb). (Entered: 10/05/2017)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

Oct. 5, 2017

Oct. 5, 2017

RECAP
2

ENTERED IN ERROR.....Corporate Disclosure Statement by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, JOHN DOE. (Shamsi, Hina) Modified on 10/6/2017 (zsb). (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP
3

NOTICE of Appearance by Arthur B. Spitzer on behalf of AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Spitzer, Arthur) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP
4

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 4616087445.) filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Civil Cover Sheet)(Shamsi, Hina) (Entered: 10/05/2017)

1 Civil Cover Sheet

View on PACER

Oct. 5, 2017

Oct. 5, 2017

PACER
5

Corporate Disclosure Statement by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Shamsi, Hina) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER

Case Assigned to Judge Tanya S. Chutkan. (zsb)

Oct. 6, 2017

Oct. 6, 2017

PACER

Case Assigned/Reassigned

Oct. 6, 2017

Oct. 6, 2017

PACER
6

NOTICE of Appearance by Jonathan L. Hafetz on behalf of AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Exhibit Pro Bono Certification)(Hafetz, Jonathan) (Entered: 10/12/2017)

1 Exhibit Pro Bono Certification

View on PACER

Oct. 12, 2017

Oct. 12, 2017

PACER
7

Emergency MOTION for Order to Show Cause on Counsel Access and Memorandum of Law in Support by AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Shamsi, Hina) (Entered: 10/12/2017)

1 Text of Proposed Order

View on PACER

Oct. 12, 2017

Oct. 12, 2017

PACER
8

ORDER granting in part and denying in part 7 Petitioner's Emergency Motion for Order to Show Cause on Counsel Access. Petitioner shall promptly serve a copy of this Order, 4 the Petition for a Writ of Habeas Corpus, and 7 the Petitioner's Emergency Motion for Order to Show Cause on Counsel Access on the Respondent, the U.S. Attorney General, and the U.S. Attorney for the District of Columbia, Special Proceedings Division. Within 10 days of service of this Order, Respondent shall explain, in writing, why Respondent should not give the Petitioner access to the Unnamed U.S. Citizen. The Petitioner shall file a reply within 3 days of service of the opposition. Signed by Judge Tanya S. Chutkan on 10/19/2017. (lctsc2). (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

RECAP
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/20/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/19/2017. (Attachments: # 1 Declaration of Service)(Spitzer, Arthur) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES N. MATTIS served on 10/20/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/20/2017. (Attachments: # 1 Declaration of Service)(Shamsi, Hina) (Entered: 10/20/2017)

1 Declaration of Service

View on PACER

Oct. 20, 2017

Oct. 20, 2017

PACER
11

MOTION to Dismiss and Response to Court's Order of October 19, 2017 by JAMES N. MATTIS (Attachments: # 1 Declaration of Steven W. Dalbey, # 2 Text of Proposed Order)(Wyer, Kathryn) (Entered: 10/30/2017)

1 Declaration of Steven W. Dalbey

View on RECAP

2 Text of Proposed Order

View on PACER

Oct. 30, 2017

Oct. 30, 2017

PACER
12

RESPONSE TO ORDER OF THE COURT re 8 Order on Motion for Order to Show Cause filed by JAMES N. MATTIS. (See Docket Entry 11 to view document). (znmw) (Entered: 10/31/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
13

Memorandum in opposition to re 11 MOTION to Dismiss and Response to Court's Order of October 19, 2017 and Reply in Support of Emergency Motion for Counsel Access filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Declaration Declaration of Gabor Rona, # 2 Declaration Declaration of Belkis Wille)(Shamsi, Hina) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
14

REPLY to opposition to motion re 7 Emergency MOTION for Order to Show Cause on Counsel Access and Memorandum of Law in Support filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (See Docket Entry 13 to view document). (znmw) (Entered: 11/03/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
15

REPLY to opposition to motion re 11 MOTION to Dismiss and Response to Court's Order of October 19, 2017 filed by JAMES N. MATTIS. (Wyer, Kathryn) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
16

MOTION for Hearing or Status Conference by AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Shamsi, Hina) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

RECAP

MINUTE ORDER granting 16 Motion for Hearing or Status Conference. A motions hearing is hereby set for 11/30/17 at 10:00 a.m. in Courtroom 9. Signed by Judge Tanya S. Chutkan on 11/21/2017. (lctsc2).

Nov. 21, 2017

Nov. 21, 2017

PACER

Order on Motion for Hearing

Nov. 21, 2017

Nov. 21, 2017

PACER

Set/Reset Hearings: A Motions Hearing is set for 11/30/2017 at 10:00 AM in Courtroom 9 before Judge Tanya S. Chutkan. (jth)

Nov. 26, 2017

Nov. 26, 2017

PACER

Set/Reset Hearings

Nov. 26, 2017

Nov. 26, 2017

PACER
17

NOTICE of Appearance by Brett Max Kaufman on behalf of AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Kaufman, Brett) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

RECAP
18

RESPONSE TO ORDER OF THE COURT re Order on Motion for Hearing filed by JAMES N. MATTIS. (Wyer, Kathryn) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

RECAP

Motion Hearing

Nov. 30, 2017

Nov. 30, 2017

PACER
19

RESPONSE re 18 Response to Order of the Court filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Shamsi, Hina) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

RECAP

Minute Entry: Motion Hearing held on 11/30/2017 before Judge Chutkan: re 11 MOTION to Dismiss and Response to Court's Order of October 19, 2017 filed by JAMES N. MATTIS; motion heard and taken under advisement. The government shall inform the Court by COB on 11/30/17 whether (1) the detainee has been advised of his constitutional rights, including any right to counsel or to pursue habeas or other remedies in U.S. courts and; (2) if the detainee has invoked or asserted any such rights. (Court Reporter Bryan Wayne) (tb)

Nov. 30, 2017

Nov. 30, 2017

PACER
20

RESPONSE to Petitioner's Proposed Relief 19 filed by JAMES N. MATTIS. (Wyer, Kathryn) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
21

ERRATA re Respondent's Response to Court's Order 18 by JAMES N. MATTIS. (Attachments: # 1 Corrected Response to Court's Order)(Wyer, Kathryn) (Entered: 12/01/2017)

1 Corrected Response to Court's Order

View on PACER

Dec. 1, 2017

Dec. 1, 2017

PACER

Order

Dec. 1, 2017

Dec. 1, 2017

PACER

MINUTE ORDER: The court hereby orders both parties to file supplemental briefs addressing the court's authority to order limited jurisdictional discovery in this case, as proposed in the 19 Petitioner's Response to Respondent's November 30, 2017, 5 P.M. Filing. The Government shall file its brief by Monday, December 4, 2017 at 5 p.m. The Petitioner shall file a brief in response by Thursday, December 7, 2017 at noon. The parties' supplemental briefs should be no longer than 10 pages. The court will hold a hearing on the supplemental briefing on Friday, December 8, 2017 at 11:15 a.m. Signed by Judge Tanya S. Chutkan on 12/1/2017. (lctsc2).

Dec. 1, 2017

Dec. 1, 2017

PACER

AMENDED MINUTE ORDER: The court hereby orders both parties to file supplemental briefs addressing the court's authority to order limited jurisdictional discovery in this case, as proposed in the 19 Petitioner's Response to Respondent's November 30, 2017, 5 P.M. Filing. In their briefs, in light of the Government's representation that the detainee has requested an attorney in its 18 Response to the Court's Order, the parties shall also address the Government's independent obligation to comply with the detainee's request and provide him with access to counsel. The Government shall file its brief by Monday, December 4, 2017 at 5 p.m. The Petitioner shall file a brief in response by Thursday, December 7, 2017 at noon. The parties' supplemental briefs should be no longer than 10 pages. The court will hold a hearing on the supplemental briefing on Friday, December 8, 2017 at 11:15 a.m. Signed by Judge Tanya S. Chutkan on 12/1/2017. (lctsc2).

Dec. 1, 2017

Dec. 1, 2017

PACER
22

TRANSCRIPT OF 11/30/17 MOTIONS HEARING before Judge Tanya S. Chutkan held on November 30, 2017. Page Numbers: 1-42. Date of Issuance: December 2, 2017. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting a Transcript Order Form at www.dcd.uscourts.gov under Request Transcript tab. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/23/2017. Redacted Transcript Deadline set for 1/2/2018. Release of Transcript Restriction set for 3/2/2018.(Wayne, Bryan) (Entered: 12/02/2017)

Dec. 2, 2017

Dec. 2, 2017

PACER
23

MOTION to Continue Hearing Currently Scheduled for December 8, 2017 due to Conflict of Counsel by JAMES N. MATTIS (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) (Entered: 12/04/2017)

1 Text of Proposed Order

View on PACER

Dec. 4, 2017

Dec. 4, 2017

PACER

Set/Reset Deadlines/Hearings

Dec. 4, 2017

Dec. 4, 2017

PACER

Set/Reset Deadlines/Hearings: Government's brief due by 12/4/2017. Response due by 12/7/2017. Status Conference set for 12/8/2017 at 11:15 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb)

Dec. 4, 2017

Dec. 4, 2017

PACER

Order on Motion to Continue

Dec. 4, 2017

Dec. 4, 2017

PACER

MINUTE ORDER granting 23 Motion to Continue Due to Conflict of Counsel. The hearing currently scheduled for December 8, 2017 is hereby rescheduled for December 11, 2017 at 10:00 a.m. Signed by Judge Tanya S. Chutkan on 12/4/2017. (lctsc2). Modified event title on 12/5/2017 (znmw).

Dec. 4, 2017

Dec. 4, 2017

PACER
24

SUPPLEMENTAL MEMORANDUM to re 11 MOTION to Dismiss and Response to Court's Order of October 19, 2017 filed by JAMES N. MATTIS. (Wyer, Kathryn) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

RECAP

Set/Reset Hearings: Status Conference reset for 12/11/2017 at 10:00 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb)

Dec. 5, 2017

Dec. 5, 2017

PACER

Set/Reset Hearings

Dec. 5, 2017

Dec. 5, 2017

PACER
25

SUPPLEMENTAL MEMORANDUM to re Order,,, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Hafetz, Jonathan) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

RECAP
26

RESPONSE TO ORDER OF THE COURT re Order,,, (Addendum Regarding Court's Inquiry) filed by JAMES N. MATTIS. (Wyer, Kathryn) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

RECAP

Status Conference

Dec. 11, 2017

Dec. 11, 2017

PACER

Minute Entry: Status Conference held on 12/11/2017 before Judge Tanya S. Chutkan: Oral argument heard and court ruling forthcoming. (Court Reporter Bryan Wayne) (tb)

Dec. 11, 2017

Dec. 11, 2017

PACER
27

NOTICE of Filing of Additional Information Pertinent to Emergency Motion for Counsel Access by AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Hafetz, Jonathan) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

RECAP

MINUTE ORDER: The Government is hereby ordered to respond to Petitioner's Notice of Filing of Additional Information (ECF No. 27) by Friday December 22, 2017 at noon. The response shall be no more than 5 pages. Signed by Judge Tanya S. Chutkan on 12/21/17. (DJS)

Dec. 21, 2017

Dec. 21, 2017

PACER

MINUTE ORDER: The Government is hereby ordered to respond to Petitioner's Notice of Filing of Additional Information (ECF No. 27 ) by Friday December 22, 2017 at noon. The response shall be no more than 5 pages. Signed by Judge Tanya S. Chutkan on 12/21/17. (DJS)

Dec. 21, 2017

Dec. 21, 2017

PACER
28

RESPONSE re 27 Notice (Other) filed by JAMES N. MATTIS. (Wyer, Kathryn) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

RECAP
29

MEMORANDUM AND OPINION: Re Defendant's Motion to Dismiss 11 . Signed by Judge Tanya S. Chutkan on 12/23/17. (DJS) (Entered: 12/23/2017)

Dec. 23, 2017

Dec. 23, 2017

RECAP
30

ORDER: Denying Respondent's Motion to Dismiss 11 . Respondent is hereby ordered to: (1) permit the ACLUF immediate and unmonitored access, in person or via videoconferencing, to the detainee for the sole purpose of determining whether the detainee wishes for the ACLUF to continue this action on his behalf; and (2) refrain from transferring the detainee until the ACLUF informs the court of the detainees wishes. (see order for further details) Signed by Judge Tanya S. Chutkan on 12/23/17. (DJS) (Entered: 12/23/2017)

Dec. 23, 2017

Dec. 23, 2017

RECAP
31

RESPONSE TO ORDER OF THE COURT re 30 Order on Motion to Dismiss,, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Hafetz, Jonathan) (Entered: 01/05/2018)

1 Text of Proposed Order

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Jan. 5, 2018

Jan. 5, 2018

RECAP

MINUTE ORDER: The government is hereby ordered to respond to Petitioner's Motion Regarding Continued Interim Relief (ECF No. 32) by Monday, January 8, 2018 at 5:00 p.m. Signed by Judge Tanya S. Chutkan on 1/5/2018. (lctsc2).

Jan. 5, 2018

Jan. 5, 2018

PACER
32

MOTION Regarding Continued Interim Relief re 30 Order on Motion to Dismiss,, by AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Hafetz, Jonathan) (Entered: 01/05/2018)

1 Text of Proposed Order

View on RECAP

Jan. 5, 2018

Jan. 5, 2018

RECAP

MINUTE ORDER: The government is hereby ordered to respond to Petitioner's Motion Regarding Continued Interim Relief (ECF No. 32 ) by Monday, January 8, 2018 at 5:00 p.m. Signed by Judge Tanya S. Chutkan on 1/5/2018. (lctsc2).

Jan. 5, 2018

Jan. 5, 2018

PACER
33

Memorandum in opposition to re 32 MOTION Regarding Continued Interim Relief re 30 Order on Motion to Dismiss,, filed by JAMES N. MATTIS. (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

RECAP

MINUTE ORDER: Petitioner's reply, if any, to the government's Opposition to Petitioner's Motion Seeking Continued Interim Relief (ECF No. 33) is due by Wednesday, January 10, 2018 at noon.Signed by Judge Tanya S. Chutkan on 1/8/2018. (lctsc2).

Jan. 8, 2018

Jan. 8, 2018

PACER

MINUTE ORDER: Petitioner's reply, if any, to the government's Opposition to Petitioner's Motion Seeking Continued Interim Relief (ECF No. 33 ) is due by Wednesday, January 10, 2018 at noon.Signed by Judge Tanya S. Chutkan on 1/8/2018. (lctsc2).

Jan. 8, 2018

Jan. 8, 2018

PACER

Set/Reset Deadlines: Any Reply by Petitioner's to the Government's Opposition to Petitioner's Motion Seeking Continued Interim Relief (Dkt. #33) is due by 1/10/2018 at 12:00 PM (noon). (jth)

Jan. 9, 2018

Jan. 9, 2018

PACER

Set/Reset Deadlines

Jan. 9, 2018

Jan. 9, 2018

PACER
34

REPLY re 31 Response to Order of the Court of December 23, 2017, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Hafetz, Jonathan) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

RECAP

MINUTE ORDER: The government's response, if any, to Petitioner's Motion for Leave to Continue Under Pseudonym (ECF No. 36) is due by Friday, January 12, 2018 at 10 a.m. Signed by Judge Tanya S. Chutkan on 1/10/2018. (lctsc2).

Jan. 10, 2018

Jan. 10, 2018

PACER
35

REPLY to opposition to motion re 32 MOTION Regarding Continued Interim Relief re 30 Order on Motion to Dismiss,, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Hafetz, Jonathan) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

RECAP

Set/Reset Deadlines

Jan. 10, 2018

Jan. 10, 2018

PACER
36

MOTION for Leave to Continue Under Pseudonym by AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Hafetz, Jonathan) (Entered: 01/10/2018)

1 Text of Proposed Order

View on PACER

Jan. 10, 2018

Jan. 10, 2018

RECAP

MINUTE ORDER: The government's response, if any, to Petitioner's Motion for Leave to Continue Under Pseudonym (ECF No. 36 ) is due by Friday, January 12, 2018 at 10 a.m. Signed by Judge Tanya S. Chutkan on 1/10/2018. (lctsc2).

Jan. 10, 2018

Jan. 10, 2018

PACER

Set/Reset Deadlines: Response due by 1/12/2018. (tb)

Jan. 10, 2018

Jan. 10, 2018

PACER
37

RESPONSE re 36 MOTION for Leave to Continue Under Pseudonym filed by JAMES N. MATTIS. (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER

MINUTE ORDER: The court will hold a hearing on Petitioner's Motion Regarding Continued Interim Relief (ECF No. 32) on Thursday, January 18, 2018 at 11:30 a.m. Signed by Judge Tanya S. Chutkan on 1/12/2018. (lctsc2).

Jan. 12, 2018

Jan. 12, 2018

PACER
38

ORDER granting 36 Petitioner's Motion for Leave to Continue Under Pseudonym. Signed by Judge Tanya S. Chutkan on 1/12/2018. (lctsc2). (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

RECAP

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 12, 2018

Jan. 12, 2018

PACER

MINUTE ORDER: The court will hold a hearing on Petitioner's Motion Regarding Continued Interim Relief (ECF No. 32 ) on Thursday, January 18, 2018 at 11:30 a.m. Signed by Judge Tanya S. Chutkan on 1/12/2018. (lctsc2).

Jan. 12, 2018

Jan. 12, 2018

PACER
39

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Dror Ladin, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad St., 18th Floor, New York, NY 10004. Phone No. - 212-284-7303. Fax No. - 212-549-2654 Filing fee $ 100, receipt number 0090-5285885. Fee Status: Fee Paid. by AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Dror Ladin)(Hafetz, Jonathan) (Entered: 01/12/2018)

1 Declaration of Dror Ladin

View on PACER

Jan. 12, 2018

Jan. 12, 2018

RECAP
40

NOTICE of Proposed Order by AMERICAN CIVIL LIBERTIES UNION FOUNDATION re 39 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Dror Ladin, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad St., 18th Floor, New York, NY 10004. Phone No. - 212-284-7303. Fax No. - 212-549-2654 Filing fee (Hafetz, Jonathan) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

RECAP

MINUTE ORDER: Granting 39 Motion for Leave to Appear Pro Hac Vice. Attorney Dror Ladin is hereby admitted pro hac vice to appear in this matter on behalf of the ACLU, as next friend on behalf of Unnamed U.S. Citizen in U.S. Military Detention. Signed by Judge Tanya S. Chutkan on 1/12/18. (DJS)

Jan. 12, 2018

Jan. 12, 2018

PACER
41

ORDER: It is hereby ordered that the government shall file a Return to the Petition for a Writ of Habeas Corpus (ECF No. 4) by Monday, January 22, 2018 at noon. Petitioner's reply to the government's Return, if any, is due by Wednesday, January 24, 2018 at noon. Signed by Judge Tanya S. Chutkan on 1/12/2018. (lctsc2). (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

RECAP
42

NOTICE of Appearance by James Mahoney Burnham on behalf of JAMES N. MATTIS (Burnham, James) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

RECAP

Set/Reset Deadlines: Return to the Petition for a Writ of Habeas Corpus (ECF no. 4) due by 1/22/2018. Reply due by 1/24/2018. (tb)

Jan. 17, 2018

Jan. 17, 2018

PACER

Set/Reset Deadlines

Jan. 17, 2018

Jan. 17, 2018

PACER

Set/Reset Hearings: Motion Hearing [Regarding Petitioner's Motion for Continued Interim Relief (ECF No. 32)] is set for 1/18/2018 at 11:30 AM in Courtroom 9 before Judge Tanya S. Chutkan. (jth)

Jan. 17, 2018

Jan. 17, 2018

PACER

Set/Reset Hearings

Jan. 17, 2018

Jan. 17, 2018

PACER

Minute Entry for Proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 1/18/2018 re: Petitioner's 32 Motion Regarding Continued Interim Relief filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. The Motion 32 was Heard and Taken Under Advisement. The Government shall file a Supplemental Memorandum by the Close of Business today (1/18/2018). (Court Reporter: Cathryn Jones) (jth)

Jan. 18, 2018

Jan. 18, 2018

PACER

Order on Motion for Miscellaneous Relief

Jan. 18, 2018

Jan. 18, 2018

PACER
43

ORDER: The court hereby orders the government to refrain from transferring the detainee until Tuesday, January 23, 2018. Signed by Judge Tanya S. Chutkan on 1/18/2018. (lctsc2). (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

RECAP

Order

Jan. 18, 2018

Jan. 18, 2018

PACER

MINUTE ORDER: The government's deadline to submit its supplemental brief is hereby extended until 11:30 a.m. on Friday, January 19, 2018.Signed by Judge Tanya S. Chutkan on 1/18/2018. (lctsc2).

Jan. 18, 2018

Jan. 18, 2018

PACER

MINUTE ORDER: The court will hold a hearing regarding Petitioner's Petition for a Writ of Habeas Corpus (ECF No. 4 ) on Monday, January 29, 2018 at 3:00 p.m. Signed by Judge Tanya S. Chutkan on 1/19/2018.(lctsc2).

Jan. 19, 2018

Jan. 19, 2018

PACER

Set/Reset Hearings: Motion Hearing set for 1/29/2018 at 03:00 PM in Courtroom 9 before Judge Tanya S. Chutkan. (tb)

Jan. 19, 2018

Jan. 19, 2018

PACER

Set/Reset Hearings

Jan. 19, 2018

Jan. 19, 2018

PACER

MINUTE ORDER: The court will hold a status hearing on Monday, January 22, 2018 at 4:00 p.m. Signed by Judge Tanya S. Chutkan on 1/19/2018. (lctsc2).

Jan. 19, 2018

Jan. 19, 2018

PACER

Order

Jan. 19, 2018

Jan. 19, 2018

PACER
44

NOTICE of Ex Parte Filing by JAMES N. MATTIS (Wyer, Kathryn) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

RECAP
45

SEALED DOCUMENT filed by JAMES N. MATTIS(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Sealed Filing)(Wyer, Kathryn) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
46

SEALED DOCUMENT filed by JAMES N. MATTIS(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Sealed Document, # 2 Sealed Document, # 3 Sealed Document, # 4 Sealed Document, # 5 Sealed Document)(Wyer, Kathryn) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER

Status Conference

Jan. 22, 2018

Jan. 22, 2018

PACER
47

SEALED DOCUMENT filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION re 44 Notice (Other), 45 Sealed Document (This document is SEALED and only available to authorized persons.)(Hafetz, Jonathan) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
48

WITHDRAWN PURSUANT TO DOCKET ENTRY NO. 69 . . . . . MOTION to Unseal Document 47 Sealed Document filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, 45 Sealed Document filed by JAMES N. MATTIS by AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Hafetz, Jonathan) Modified on 2/16/2018 (td). (Entered: 01/22/2018)

1 Text of Proposed Order

View on PACER

Jan. 22, 2018

Jan. 22, 2018

RECAP
49

SEALED DOCUMENT filed by JAMES N. MATTIS(This document is SEALED and only available to authorized persons.) (Attachments: # 1 SEALED DOCUMENT)(Wyer, Kathryn) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
50

NOTICE of Appearance by Terry Marcus Henry on behalf of JAMES N. MATTIS (Henry, Terry) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

RECAP

Minute Entry: Status Conference held on 1/22/2018 before Judge Tanya S. Chutkan: The parties will meet and confer and file a proposed briefing schedule. The Court VACATES the petitioner's reply due on 01/24/18 and the motions hearing set for 01/29/18. (Court Reporter Bryan Wayne) (tb)

Jan. 22, 2018

Jan. 22, 2018

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 5, 2017

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

An American citizen being detained by the United States military in Iraq.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Defense Department , Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Suspension Clause

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Habeas relief

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Confinement/isolation

Over/Unlawful Detention

Terrorism/Post 9-11 issues

Torture

Affected Gender:

Male

Type of Facility:

Government-run