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Case: In Re: Guantanamo Bay Detainee Litigation

1:08-mc-00442 | U.S. District Court for the District of Columbia

Filed Date: July 2, 2008

Case Ongoing

Clearinghouse coding complete

Case Summary

After the opening of the U.S. military prison at Guantanamo Bay in January 2002, hundreds of the 780 men detained as enemy combatants filed petitions for the writ of habeas corpus in the U.S. District Court for the District of Columbia. The detainees alleged that the President of the United States, the Secretary of the Department of Defense, and high-ranking army officials failed to provide evidence that the detainees were enemy combatants, and also failed to advance any justification for the a…

After the opening of the U.S. military prison at Guantanamo Bay in January 2002, hundreds of the 780 men detained as enemy combatants filed petitions for the writ of habeas corpus in the U.S. District Court for the District of Columbia. The detainees alleged that the President of the United States, the Secretary of the Department of Defense, and high-ranking army officials failed to provide evidence that the detainees were enemy combatants, and also failed to advance any justification for the arrest, incarceration, and indefinite detention of the detainees. In addition to claims of violations of the Fifth Amendment’s Due Process Clause, many detainees alleged violations of international law, such as Articles 4 and 5 of the Geneva Convention, and challenged their conditions of confinement. The Center for Constitutional Rights represented many of these petitioners and organized a network of hundreds of lawyers (the “GITMO bar”) to represent the detainees. The GITMO bar included public interest organizations, private firms, and public defenders.

Jurisdictional Dispute

Immediately after the filing of each petition, the government filed motions to dismiss for lack of jurisdiction. The government argued that acts of Congress stripped federal courts of jurisdiction. Additionally, they argued that the Constitution's Suspension Clause, which guarantees access to the writ of habeas corpus, did not apply to the detainees because the United States did not claim sovereignty over Guantanamo. The detainees in turn argued that the Department of Defense’s Combatant Status Review Tribunals (CSRTs) did not provide a meaningful opportunity for them to challenge their detention and their classification as combatants. Hundreds of petitions were put on hold while awaiting the outcome of appeals for the earliest cases. Ultimately, the question of whether the federal district court had jurisdiction over these habeas petitions reached the Supreme Court of the United States in Boumediene v. Bush in 2008. The Supreme Court ruled that the detainees had a right to the writ of habeas corpus and that the district court had jurisdiction to hear their claims, stressing: “[T]he cost of delay can no longer be borne by those who are held in custody. The detainees in these cases are entitled to a prompt habeas corpus hearing.” Boumediene, 553 U.S. 723 (2008).

Initial Protective Orders

As the jurisdictional dispute proceeded, the government sought protective orders to prevent the unauthorized disclosure of classified information to the detainees and their counsel. Numerous cases adopted a ruling issued by Judge Joyce Hens Green on November 8, 2004 in In re Guantanamo Bay Detainee Cases (“Guantanamo I”), and held that:

  1. entry of a protective order was warranted,
  2. detainees' counsel was presumed to have “need to know” security clearance for their own cases and related cases,
  3. detainees' counsel could obtain classified information by following procedures specified in the protective order, and
  4. counsel was barred from disclosing to a detainee any information not provided by that detainee.

Additionally, detainees and their counsel were required to sign a Memorandum of Understanding and Acknowledgement before gaining access to any classified or protected information. Guantanamo I, 344 F. Supp. 2d 174 (2004).

Consolidation for Coordination and Management

Following the Supreme Court’s decision in Boumediene, the D.C. District Court consolidated almost all Guantanamo habeas cases (more than 100) into In Re: Guantanamo Bay Detainee Litigation (“Guantanamo II”), Case No. 08-mc-00442 This July 2, 2008 consolidation was for purposes of coordination and case management. Judge Thomas F. Hogan was assigned to oversee coordination and management of the cases, but each detainee's case proceeded individually under their originally assigned judge ("Merits Judge").

The consolidation excluded Judge James Robertson's Hamdan v. Bush (Case No. 04-cv-1519) and all cases assigned to Judge Richard J. Leon.

Procedures Governing the Coordinated Proceedings

Judge Hogan issued a scheduling order on July 11, 2008 to govern the coordinated proceeding. He ordered the parties to submit reports that identified: duplicate petitions; petitioners cleared for release; whether the government filed factual returns or Combatant Status Review Tribunal records for the petitioner; whether a protective order was entered in the case; any pending motions or stays in the case; and any cases dismissed on jurisdictional grounds whose dismissals should be vacated in light of Boumediene. The factual returns contained the factual basis upon which the government was detaining the petitioner, information from the detainee’s Combatant Status Review Tribunal, and the justification for the petitioners alleged classification as an enemy combatant. The government was ordered to file such factual returns and motions to amend factual returns at a rate of at least 50 per month beginning with the earliest filed petitions. Despite petitioners’ opposition, the court later granted the government relief from the factual return order by extending the deadline and ordering that the government did not need to file factual returns for petitioners approved for transfer or release.

After reviewing the parties’ reports, Judge Hogan entered three orders on July 29, 2008. The orders lifted all stays, vacated dismissals in 11 cases, and dismissed the cases of duplicate and released petitioners. In addition, Judge Hogan entered a protective order and procedures for protected information. Initially, he adopted Judge Green’s above described orders from Guantanamo I. On September 11, 2008, Judge Hogan entered a new protective order similar in content to the prior order.

On November 6, 2008, Judge Hogan entered an order establishing the procedural framework. It set the burden of proof on the government, set the standard of proof as preponderance of the evidence, provided discovery rights for detainees (including a right to exculpatory materials), and provided procedural processes for hearings. It also required the petitioner to file a “traverse” containing the relevant facts and evidence supporting their petition in response to the government’s factual return. Many petitioners later requested to stay the traverse provision of the order. These procedures applied to all consolidated cases, but the Merits Judges were permitted to alter the framework based on their individual cases. The government filed a motion for reconsideration or alternatively motion for certification of appeal asking for relief from the timelines and amendments to the procedures. The court granted the motion in part, amending the timelines and clarifying some of the procedures. 2008 WL 5245890.

30 Days’ Advance Notice of Transfer

At the time of consolidation for coordination and management, Judge Hogan issued an order requiring that the government provide petitioners and the Court with 30 days’ advance notice of any transfer of a petitioner from Guantanamo in cases where the petitioner requests it. The government appealed the notice requirement on July 25, 2008. On March 15, 2011 the D.C. Circuit vacated Judge Hogan’s order requiring advance notice of transfer.

Consolidation of Uighur Petitions

Merits Case Dockets #s: 05-cv-1509, 05-cv-1602, 05-cv-1704,05-cv-2370, 05-cv-2386, 05-cv-2398

Shortly after the consolidation of cases for coordination, 17 Uighurs (a Turkic Muslim minority group) petitioners filed a motion for consolidation of their petitions in front of Judge Ricardo M. Urbina. Their cases all centered on whether their alleged affiliation with the Uighur organization supported classification as enemy combatants and continued detention. Judge Hogan granted the motion and the Uighur cases were consolidated before Judge Urbina on July 10, 2008. 2008 WL 2872179.

On July 31, 2008, 6 of the 17 Uighurs filed a motion for a temporary restraining order or preliminary injunction requiring the government to transfer them to less restrictive locations within Guantanamo. They were detained at Camp 6 in solitary cells and only allowed out of their cells for fours a day. Camp 4, where they sought transfer to, allowed detainees to live and eat communally and had 24 hour access to a small outdoor recreation area. Judge Urbina denied their motion on August 7, 2008 because 1) it was unlikely that the detainees had a “right to challenge the conditions of their confinement pursuant to the constitutional writ of habeas corpus” and 2) the judiciary’s reluctance to second guess the daily operations of prison facilities. 570 F.Supp.2d 13.

In its August 2008 status report, the government noted it would treat all Uighur petitioners as “no longer enemy combatants” and would provide “special housing” “while efforts continue to resettle them in a foreign country.” Following their classification as “no longer enemy combatants,” the Uighur petitioners filed motions for judgment ordering their release into the United States. Judge Urbina granted their motion on October 7, 2008 because the Uighurs’ continued detention exceeded the government’s authority to “wind up” their wartime detentions. For the first time in the nearly seven years of legal disputes, Judge Urbina ordered the petitioners be released into the United States. Immediately, the government appealed the Uighurs release order and the order was stayed pending resolution of the appeal. The D.C. Circuit reversed, holding that the judiciary could not order the executive branch to admit a foreigner into the country. 555 F.3d 1022 (Senior Circuit Judge A. Raymond Randolph, J.). The Supreme Court granted certiorari in October 2009, however before arguments occurred, each of the petitioners received an offer of resettlement in another country. Five rejected their offers and were still held at Guantanamo. Due to the change in facts, in March 2010, the Supreme Court vacated the judgment and remanded the case to D.C. Circuit for further proceedings rather than hearing the case. 130 S.Ct. 1235. The D.C. Circuit reinstated their original judgment and opinion on May 28, 2010, again finding the Uighur petitioners did not have the right to be released into the United States. 605 F.3d 1046, cert. denied, 131 S.Ct. 1631 (April 18, 2011).

Sealed Orders: Preliminary Injunctions to Prevent Petitioners’ Transfers

In September and October 2008, Judge Hogan filed 9 orders under seal and the government appealed the decisions. The D.C. Circuit held the appeals cases in abeyance pending the outcome of Kiyemba v. Bush, No. 05-5487, also in the D.C. Circuit. The Clearinghouse does not have access to the sealed orders or orders issued by the appeals courts. Presumably, the sealed orders addressed similar issues to the Kiyemba case. In Kiyemba in April 2009, the petitioners were denied preliminary relief to prevent their transfer to any country where they were likely to be subjected to torture. 561 F.3d 509, cert. denied, 559 U.S. 1005 (March 22, 2010). In Kiyemba, the D.C. Circuit held that the government had declared its policy not to transfer a detainee to a country that will likely torture him, and the district court could not second-guess the government’s determination of that likelihood.

Consolidation for Merits Proceedings

In December 2008, Judge Hogan requested that the parties submit a filing identifying petitions with similar factual issues that may be addressed more efficiently if consolidated for merits proceedings. 2008 WL 5275914. The Court received five filings identifying 52 petitions for consolidation into five distinct groups. Judge Hogan declined to consolidate the petitions because it would not improve the efficiency of the habeas proceedings. 2009 WL 8626850. However, he recommended reassigning fifteen of the petitions into three groups, with each group having a single Merits Judge.

Factual Return Issues

As the government began producing factual returns, they frequently requested extension of time to produce them. Once the returns were produced, the government and petitioners disagreed on whether the protective order permitted counsel to review with the petitioner classified statements made by that petitioner. In January 2009, Judge Hogan clarified the protective order permitted counsel to review such statements with the petitioner provided that the court’s Privilege Review Team determined the statements were made by that petitioner to the government. 2009 WL 234965. The government then filed another motion in March 2009 to try and limit petitioners’ access to classified and protected statements. They sought amendments to the protective order that only permitted counsel to share classified information with a detainee that they had learned from the detainee. Judge Hogan denied the motion in part, declining to limit the petitioners access to their own statements made to the government. He granted the motion in part, insofar as the motions sought small modifications to the procedures to provide petitioners access to their respective classified statements. 634 F.Supp.2d 17.

In addition, the government sought to protect all the unclassified returns and withhold them from the public. On April 2, 2009, the Associated Press, the New York Times, and USA Today (the “Press”) were permitted to intervene for the limited purpose of opposing the government’s motion to withhold the unclassified returns from the public. Judge Hogan denied the government’s motion on June 1, 2009 because the government failed to provide a sufficient basis for withholding the unclassified information. Furthermore, Judge Hogan directed the government to either 1) publicly file an unclassified factual return or 2) file under seal the unclassified factual return, highlighting the exact words the government sought to protect and explaining in a memorandum why each word or line should be protected. When the government failed to comply by filing factual returns that withheld unclassified information without seeking permission, in October 2009, the Press requested the Court hold the government in contempt. On January 14, 2010, the Court declined to hold the government in contempt and gave the government three months to comply with the order. The Court subsequently extended this deadline and clarified what information may be designated as protected. 787 F.Supp.2d 5.

Resolution of Habeas Petitions

Initially following the jurisdictional dispute and the decision in Boumediene, detainees had some success in winning their habeas petitions. However, as the litigation proceeded, detainees’ successes became more limited. Similar to the Uighur cases, those detainees whose petitions were granted would typically be reversed or vacated by the D.C. Circuit. For those petitioners who also alleged violations of international law and challenged their conditions of confinement, their additional claims were typically dismissed for lack of jurisdiction. The petitioners’ right to judicial review was limited to their habeas action.

Rather than receive a decision on their petition for habeas corpus, many petitions were dismissed without prejudice after the government transferred or released the detainees. President Bush released 532 of the 780 individuals sent to Guantanamo. President Obama transferred 197 individuals from Guantanamo. As of January 2018, 41 men remained in detention at Guantanamo.

Renewed Guantanamo Litigation under President Trump

Merits Case Docket #s: 04-cv-1194, 05-cv-23, 05-cv-764, 05-cv-1607, 05-cv-2386, 08-cv-1360, 08-cv-1440, 09-cv-745,10-cv-1020

Following President Trump’s election and his repeated vows to keep Guantanamo open, eleven Muslim petitioners each filed identical motions for an order granting their existing petitions for habeas relief on January 11, 2018. In their motions, the petitioners focused on how they had been detained between ten and sixteen years without charge. They argued that any authorization for detention for law-of-war purposes no longer supported their detention.

Petitioner Adbul Raza Ali’s motion proceeded in front of Judge Richard J. Leon. Judge Leon denied Ali’s motion on August 10, 2018. Ali v. Trump, 317 F. Supp. 3d 480, hearing in banc denied. Judge Leon found that Ali’s detention remained lawful because Ali was “part of Al Qaeda, the Taliban, or associated forces,” and the “hostilities are ongoing.” His detention was not indefinite, but tied to the conflict against al Qaeda, the Taliban, and associated forces.

Eight of the eleven petitioners’ motions were referred to Judge Hogan for resolution (Petitioners: Suhail Sharabi; Abdul Latif Nasser; Abdul Rabbani; Ahmed Rabbani; Tofiq Nasser Awad Al-Bihani; Sanad Al Kazimi; Abdul Malik; and Sharqawi Al Hajj). Several of the petitioners had already been cleared for transfer. Oral arguments were held on July 11, 2018. Based on information publicly known on March 30, 2022, the petition was left pending a decision, though the presiding judge said he felt bound by precedent during oral arguments. Petitioners Said Nashir’s and Abu Zubaydah’s (also referred to as Zayn al-Abidin Muhammad Husayn) motions were assigned to Judge Emmet G. Sullivan. 

Uighur Petitioners:

On December 31, 2013, the Pentagon announced that all of the remaining Uighur detainees had been transferred to Slovakia. Release of Uighur detainees was delayed by concerns about the potential for persecution if the detainees were repatriated to China and difficulty in finding alternative countries for voluntary resettlement. Three of the eight petitioners have either been released or recommended for transfer, one petitioner’s case is before the Periodic Review Board (PRB), and the remaining four have not been cleared by the PRB.

Petitioner Zayn Al-Abidin Muhammad Husayn/Abu Zubaydah:

Mr. Husayn filed a case in the European Court of Human Rights alleging mistreatment in a "black site" in Poland, seeking to hold Polish officials accountable for their complicity in his unlawful detention and torture in Poland He then came to the U.S. District Court for the Eastern District of Washington seeking discovery against CIA contractors on May 5, 2017. For more on Mr. Husayn's application to subpoena former CIA contractors, which was eventually heard by the Supreme Court, please see In Re Application of Zayn Al-Abidin Muhammad Husayn (Abu Zubaydah).

Petitioner Abdul Razak Ali:

Petitioner Adbul Razak Ali’s motion proceeded in front of Judge Richard J. Leon. Judge Leon denied Ali’s motion on August 10, 2018. Judge Leon found that Ali’s detention remained lawful and not indefinite because Ali was associated with “ Al Qaeda, the Taliban, or associated forces,” and the hostilities were ongoing. Petitioner Ali appealed. On May 15, 2020, the Court of Appeals for the D.C. Circuit denied Petitioner Ali’s appeal, affirming Judge Leon’s holding that Petitioner Ali’s continued detention for more than seventeen years did not violate substantive or procedural due process. On December 28, 2020, Petitioner Ali filed a Petition for a writ of certiorari on the issue of whether the Due Process Clause applies to the detention of foreign nationals at Guantánamo. The Supreme Court denied the petition for a writ of certiorari on May 17, 2021. 

President Biden renewed the Obama administration’s effort to work towards closure of the Guantanamo Bay prison. On July 19, 2021 the Biden administration repatriated its first detainee from Guantánamo, releasing Abdul Latif Nasser into Moroccan custody. Nasser, who had been captured in and held since 2001, was never charged with a crime. Nasser was also one of the eight petitioners who filed unresolved motions in 2018.  

As of March 31, 2022, twenty-six detainees remained in law-of-war detention, with nineteen detainees recommended for transfer by the Periodic Review Board if certain security assurances are provided and seven detainees held in indefinite detention and not recommended for transfer. Three of the eight petitioners have either been released or recommended for transfer, one petitioner’s case is before the Periodic Review Board (PRB), and the remaining four have not been cleared by the PRB.

Published Related Opinions

553 U.S. 723

344 F. Supp. 2d 174

2008 WL 2872179

2008 WL 2941268

570 F.Supp.2d 13

581 F.Supp.2d 33

555 F.3d 1022

130 S.Ct. 1235

605 F.3d 1046

131 S.Ct. 1631

2008 WL 5063842

2008 WL 5245890

2008 WL 5275914

2009 WL 50155

2009 WL 234965

2009 WL 8626850

634 F.Supp.2d 17

2010 WL 9433455

706 F.Supp.2d 120

787 F.Supp.2d 5

317 F.Supp.3d 480

Uighur Petitioners: Related Dockets

05-cv-1509

05-cv-1602

05-cv-1704

05-cv-2370

05-cv-2386

05-cv-2398

Guantanamo Litigation under President Trump: Related Dockets

04-cv-1194

05-cv-23

05-cv-764

05-cv-1607

05-cv-2386

08-cv-1360

08-cv-1440

09-cv-745

10-cv-1020

 

Summary Authors

Alexander Walling (8/17/2018)

Emily Kempa (7/14/2019)

Hannah Juge (4/3/2022)

Related Cases

In Re Application of Zayn Al-Abidin Muhammad Husayn (Abu Zubaydah), Eastern District of Washington (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4210064/parties/in-re-guantanamo-bay-detainee-litigation/


Attorneys(s) for Plaintiff

Adinaro, Catherine Jean (Ohio)

Anderson, John P. (District of Columbia)

Azmy, Baher (New York)

Barnes, David M. (Tennessee)

Bryan, Edward Gerard (Ohio)

Cahoon, Claire Roxanne (Ohio)

Carasik, Lauren (Massachusetts)

Chandler, John A. (Georgia)

Cleary, Amy B. (Ohio)

Davis, Jillian S. (Ohio)

Attorneys(s) for Plaintiff

Adinaro, Catherine Jean (Ohio)

Anderson, John P. (District of Columbia)

Azmy, Baher (New York)

Barnes, David M. (Tennessee)

Bryan, Edward Gerard (Ohio)

Cahoon, Claire Roxanne (Ohio)

Carasik, Lauren (Massachusetts)

Chandler, John A. (Georgia)

Cleary, Amy B. (Ohio)

Davis, Jillian S. (Ohio)

Fee, Jonathan M. (District of Columbia)

Gorman, H. Candace (Illinois)

Grill, Donna M. (Ohio)

Hangley, William T. (Pennsylvania)

Hart, Andy P. (Ohio)

Hawkins, Anne Elizabeth (District of Columbia)

Ivey, Timothy C. (Ohio)

Jacob, Beth D. (Alabama)

Kadidal, Shayana (New York)

Katznelson, Zachary (Kansas)

Kebriaei, Pardiss (New York)

Letzring, Jonathan D. (Georgia)

Maher, Patricia (District of Columbia)

Marshall, David Stanley (Washington)

Meister, Kristen Ann (New York)

Murphy, Richard G. Jr. (District of Columbia)

Olshansky, Barbara J. (Ohio)

Overmyer, Wendi Lynn (Ohio)

Pomeranz, Diana J. (District of Columbia)

Remes, David H. (Maryland)

Snowden, Benjamin Lee (District of Columbia)

Spahn, Brian C. (Wisconsin)

Starr, Rebecca Y. (Pennsylvania)

Stempler, Ilyse B. (District of Columbia)

Tanis, Elizabeth V. (Georgia)

Thompson, Darin (Ohio)

Toering, Sara J. (Georgia)

Tulante, Sozi Pedro (Pennsylvania)

Ward, Michael E. (District of Columbia)

Warner, Carlos (Ohio)

Werneke, Vicki (Ohio)

Wilhelm, Kristin B. (Georgia)

Williamson, Jill M. (District of Columbia)

Witmer-Rich, Jonathan P. (Ohio)

Woodward, Gordon Samuel (District of Columbia)

Attorneys(s) for Defendant

Abel, Charlotte A. (District of Columbia)

Ahern, Paul Edward (District of Columbia)

Bass, Timothy Allen (District of Columbia)

Belhorn, Scott Robert (District of Columbia)

Bruce, Blanche L. (District of Columbia)

Carney, Mary Elizabeth (District of Columbia)

Cox, James E. Jr. (Oregon)

Dean, Paul A. (District of Columbia)

Elliott, Stephen McCoy (District of Columbia)

Folio, Joseph C III (District of Columbia)

Gilligan, James J (District of Columbia)

Haas, Alexander K (District of Columbia)

Hardee, Norman Christopher (District of Columbia)

Heiman, Julia Alexandra (District of Columbia)

Henebery, John Kevin (District of Columbia)

Henry, Terry Marcus (District of Columbia)

Holyoak, Dalin Riley (District of Columbia)

Kelly, Wynne Patrick (District of Columbia)

Koenig, Michael Thomas (District of Columbia)

LaVicka, Jeffrey P. (Arkansas)

Levin, Scott Douglas (District of Columbia)

Lin, Jean (District of Columbia)

Lohrer, John P. (District of Columbia)

Luh, James C. (District of Columbia)

Maloney, Sarah (District of Columbia)

Marconda, Scott Michael (District of Columbia)

Mark, Carolyn Gail (District of Columbia)

Maskew, Trish (District of Columbia)

Matheny, Steve Ray (District of Columbia)

McDonald, Kristofer Ryan (District of Columbia)

Murley, Nicole N. (District of Columbia)

Noronha, Preeya M. (District of Columbia)

O'Donnell, Sean W. (District of Columbia)

Oldham, Nicholas A. (District of Columbia)

Prince, Robert J. (District of Columbia)

Safavi, Nancy (District of Columbia)

Schwartz, James J. (District of Columbia)

Shoemaker, Martin Morris (District of Columbia)

Simmons, Keith (District of Columbia)

Smart, James Ross (Connecticut)

Smith, Corey Jason (District of Columbia)

Soanes, Sherry Denise (District of Columbia)

Sparks, Andrew (District of Columbia)

Stander, David J. (District of Columbia)

Suarez, Flor M. (District of Columbia)

Subar, Judry S (District of Columbia)

Wallace, John Edward (District of Columbia)

Warden, Andrew Irwin (District of Columbia)

Westby, Jane L. (District of Columbia)

White, David Hugh (District of Columbia)

Williams, Rachelle C. (District of Columbia)

Wiltsie, Ronald J. II (District of Columbia)

Wolfe, Kristina Ann (District of Columbia)

Other Attorney(s)

Azmi, Nimra H. (District of Columbia)

Griffinger, Michael R. (New Jersey)

Roehm, Stephen Scott (District of Columbia)

Shebaya, Sirine (District of Columbia)

Wilkinson, Laura A. (District of Columbia)

Documents in the Clearinghouse

Document
1908

1:09-cv-00745

Respondents' Opposition to Petitioners' Motion for Live Audio Access to the Oral Argument on July 11, 2018, on Motion for Order Granting Writ of Habeas Corpus

Sharabi v. Trump

July 2, 2018

July 2, 2018

Pleading / Motion / Brief

18-05148

Opinion for the Court

Qassim v. Trump

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

June 21, 2019

June 21, 2019

Order/Opinion

Petition for a Writ of Certiorari

Ali v. Trump

Supreme Court of the United States

Dec. 28, 2020

Dec. 28, 2020

Pleading / Motion / Brief

20-00827

Brief in Opposition for Respondents Abu Zubaydah and Joseph Margulies

United States of America v. Husayn

Supreme Court of the United States

Feb. 11, 2021

Feb. 11, 2021

Pleading / Motion / Brief

20-00888

Reply Brief for the Petitioner

Ali v. Biden

Supreme Court of the United States

April 26, 2021

April 26, 2021

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4210064/in-re-guantanamo-bay-detainee-litigation/

Last updated Nov. 30, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

ORDER by Judge Thomas F. Hogan IN RE: GUANTANAMO BAY DETAINEE LITIGATION: Hearing set for July 8, 2008 at 2:00 p.m. in the Ceremonial Courtroom. (ds) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

PACER
2

NOTICE of Appearance by Lisa Beth Zycherman on behalf of GUANTANAMO BAY DETAINEE LITIGATION (Zycherman, Lisa) (Entered: 07/03/2008)

July 3, 2008

July 3, 2008

RECAP
3

Consent MOTION for Extension of Time to File Response/Reply as to (31 in 1:05-cv-01347-GK) MOTION for Order Requiring 30 Days Adsance Notice of Removal From Guantanamo Bay by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER (Attachments: # 1 Text of Proposed Order)(Henry, Terry)

1

View on RECAP

July 3, 2008

July 3, 2008

PACER

Set/Reset Hearings

July 3, 2008

July 3, 2008

PACER

Order on Motion for Extension of Time to File Response/Reply

July 3, 2008

July 3, 2008

PACER

Order

July 3, 2008

July 3, 2008

PACER
4

MOTION to Enforce Discovery and to Vacate Stay, MOTION for Discovery by SAIFULLAH PARACHA, FARHAT PARACHA (Hunt, Gaillard) (Entered: 07/05/2008)

July 5, 2008

July 5, 2008

RECAP
5

ORDER. Signed by Judge Thomas F. Hogan on 7/7/08. (lctfh1) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

PACER
6

Memorandum in opposition to re (466 in 1:05-cv-02386-RBW) Emergency MOTION for Order to Show Cause and Memorandum in Support, (25 in 1:06-cv-01761-ESH) Emergency MOTION for Order to Show Cause and Memorandum in Support filed by MIKE BUMGARNER, GEORGE W. BUSH, JAY HOOD, DONALD RUMSFELD, WADE F. DAVIS, GEORGE W. BUSH, DONALD RUMSFELD, HARRY B. HARRIS, JR. (Oldham, Nicholas) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

PACER
7

MOTION to Consolidate Cases BY ALL 17 UIGHURS CURRENTLY DETAINED IN GUANTNAMO BAY FOR CONSOLIDATION OF THEIR PETITIONS FOR HABEAS CORPUS IN CIVIL ACTION NOS. 05-1509 (RMU), 05-1602 (ESH), 05-1704 (JR), 05-2370 (EGS), 05-2386 (RBW) AND 05-2398 (ESH) AND EXPEDITED CONSIDERATION THEREOF CONSISTENT WITH PARHAT V. GATES by GUANTANAMO BAY DETAINEE LITIGATION (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Tirschwell, Eric)

1

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2

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July 7, 2008

July 7, 2008

RECAP
8

NOTICE of Appearance by James Patrick Walsh on behalf of MUHAMMED SAAD IQBAL MADNI (Walsh, James) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

PACER
9

RESPONSE TO ORDER OF THE COURT Petitioner's Reply In Support Of His Motion To Lift Stay filed by GUANTANAMO BAY DETAINEE LITIGATION. (Greenberg, Eldon) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

RECAP
10

Unopposed MOTION for Protective Order by ABDULRAHMAN MUHAMMAD SALEH NASSER (Attachments: # 1 Exhibit 1 11-8-04 Amended Protective Order, # 2 Exhibit 2 11-10-04 Order Addressing Designation Procedures for "Protected Information", # 3 Exhibit 3 12-13-04 Order Supplementing and Amending Filing Procedures Contained in November 8, 2004 Amended Protective Order, # 4 Text of Proposed Order)(Rushforth, Brent) Modified to add party filer's name on 7/10/2008 (tg, ).

1

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2

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3

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4

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July 8, 2008

July 8, 2008

RECAP
11

STATUS REPORT In Response To Court's June 30, 2008 Order by GUANTANAMO BAY DETAINEE LITIGATION. (Warden, Andrew) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

RECAP
12

Unopposed MOTION for Protective Order by RIDAH BIN SALEH AL YAZIDI (Attachments: # 1 Exhibit 1 11-8-04 Amended Protective Order, # 2 Exhibit 2 11-10-04 Order Addressing Designation Procedures for "Protected Information", # 3 Exhibit 3 12-13-04 Order Supplementing and Amending Filing Procedures Contained in November 8, 2004 Amended Protective Order, # 4 Text of Proposed Order)(Rushforth, Brent) Modified on 7/8/2008 adding the name of filer(td, ). Modified to correct name of party on 7/10/2008 (tg, ).

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July 8, 2008

July 8, 2008

RECAP
13

MOTION for Order requiring Respondents to provide counsel for petitioner and the Court with 30-Days Advance Notice of Intended Removal from Guantanamo by ABDUL AZIZ NAJI (Attachments: # 1 1-Motion filed 8/7/07, # 2 Text of Proposed Order)(Lubell, Ellen)

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2

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July 8, 2008

July 8, 2008

PACER
14

Unopposed MOTION for Protective Order by ABDURRAHMAN ABDALLAH ALI MAHMOUD AL SHUBATI (Attachments: # 1 Exhibit 1 11-8-04 Amended Protective Order, # 2 Exhibit 2 11-10-04 Order Addresing Designation Procedures for "Protected Information", # 3 Exhibit 3 12-13-04 Order Supplementing and Amending Filing Procedures Contained in November 8, 2004 Amended Protective Order, # 4 Text of Proposed Order)(Rushforth, Brent) Modified on 7/8/2008 adding filer information(td, ). Modified to correct party filer's name on 7/10/2008 (tg, ).

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July 8, 2008

July 8, 2008

RECAP
15

NOTICE OF WITHDRAWAL OF APPEARANCE as to JAY HOOD, DONALD RUMSFELD, NELSON J. CANNON, BRICE GYURISKO, MIKE BUMGARNER, ROBERT M. GATES, MARK H. BUZBY, BRUCE VARGO, UNITED STATES OF AMERICA, GEORGE W. BUSH, RICHARD B. MYERS, RICK BACCUS, TERRY CARRICO. (Katerberg, Robert) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

PACER
16

SUPPLEMENTAL MEMORANDUM to Oppose Emergency Motion for Injunction in 02-828 (CKK) filed by GUANTANAMO BAY DETAINEE LITIGATION. (Attachments: # 1 Exhibit Petitioners' CMRC Writ)(Haas, Alexander)

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July 8, 2008

July 8, 2008

RECAP

Status Conference

July 8, 2008

July 8, 2008

PACER
17

STATUS REPORT re July 8, 2008 Hearing by GUANTANAMO BAY DETAINEE LITIGATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Murphy, Richard)

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July 9, 2008

July 9, 2008

RECAP
18

REPLY to opposition to motion re (466 in 1:05-cv-02386-RBW) Emergency MOTION for Order to Show Cause and Memorandum in Support, (25 in 1:06-cv-01761-ESH) Emergency MOTION for Order to Show Cause and Memorandum in Support filed by ABDUL-RAHMAN ABDO ABULGHAITH SULAIMAN, ACHRAF SALIM ABDESSALAM. (Attachments: # 1 Exhibit A--Motion of A. Sulaeiman, # 2 Exhibit B--Motion of A. Abdessalam)(Sullivan, Thomas)

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July 9, 2008

July 9, 2008

PACER
19

STATUS REPORT STATEMENT REGARDING HEARING OF JULY 8, 2008 [02-828 (CKK)] by GUANTANAMO BAY DETAINEE LITIGATION. (MacLean, Matthew) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
20

NOTICE Regarding an Issue Raised in the Court's July 8 Scheduling Conference by GUANTANAMO BAY DETAINEE LITIGATION (Lewis, Brian) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
21

NOTICE of Comments on Court's Proposed Order by OMER SAEED SALEM AL DAINI, ABDULAZIZ LNU, MOHAMMED AHMED SLAM AL-KHATEEB, ADEL LNU (Fee, Jonathan) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

PACER
22

STATUS REPORT Post-Conference Submission on Behalf of Petitioner El Ouerghi by GUANTANAMO BAY DETAINEE LITIGATION. (Han, Suhana) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
23

NOTICE Of Response Of Petitioner Jawad Jabbar Sadkhan Al-Sahlani, ISN No. 433, To Issues Raised At July 8, 2008 Hearing by GUANTANAMO BAY DETAINEE LITIGATION (Attachments: # 1 Exhibit A)(Colman, Jeffrey)

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July 9, 2008

July 9, 2008

RECAP
24

NOTICE REGARDING ISSUE OF COORDINATION AND MANAGEMENT (ACCESS TO INFORMATION IN THE POSSESSION OF THE GOVERNMENT REGARDING COLLATERAL CONSEQUENCES OF ENEMY COMBATANT CLASSIFICATION) by Mohammed Mosa Yaakoobi by GUANTANAMO BAY DETAINEE LITIGATION (Sullivan, Patricia) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
25

NOTICE of Statement Relating to 7/8/08 Hearing by GUANTANAMO BAY DETAINEE LITIGATION (Falkoff, Marc) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
26

NOTICE of Statement Relating to 7/8/08 Hearing by GUANTANAMO BAY DETAINEE LITIGATION (Denbeaux, Joshua) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
27

NOTICE Regarding Issue of Coordination and Management (Access to Detainees by Psychological Professionals and Access to Detainee Medical Records) by GUANTANAMO BAY DETAINEE LITIGATION (Connolly, John) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
28

NOTICE of Supplemental Statement Regarding Court's Proposed Scheduling Order by GUANTANAMO BAY DETAINEE LITIGATION (Curnin, Paul) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
29

Memorandum in opposition to re (64 in 1:05-cv-01506-RMC) MOTION ORDER granting Motion for Reconsideration, Setting Status Conference, Requiring Answer, Converting to Direct Petition, and Entering Protective Order filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Oldham, Nicholas) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

PACER
30

Memorandum in opposition to re (33 in 1:05-cv-01347-GK) MOTION for Order To Lift Stay, Provide Factual Return and For Scheduling Conference filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Oldham, Nicholas) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

PACER
31

STATUS REPORT Statement Regarding Hearing of July 8, 2008 by GUANTANAMO BAY DETAINEE LITIGATION. (Katznelson, Zachary) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
32

Civil Statement (Post-Hearing Submission Regarding 30-Day Notice of Transfer) from Kristine A. Huskey, Shayana D. Kadidal (Counsel for Petitioner Dokhan, 08-cv-987). (Huskey, Kristine) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
33

STATUS REPORT / Statement Regarding Hearing of July 8, 2008 (related actions: 05-1555(JR); 05-cv-02185(JR); 05-cv-02186(ESH) by GUANTANAMO BAY DETAINEE LITIGATION. (Cowan, Jennifer) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
34

RESPONSE Statement Regarding July 8, 2008 Hearing: Identification of Detainee (Emad Abdullah Hassan) Ready to Proceed for Immediate Resolution on the Merits filed by GUANTANAMO BAY DETAINEE LITIGATION. (Huskey, Kristine) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
35

STATUS REPORT (Statement Regarding Hearing of July 8, 2008) by GUANTANAMO BAY DETAINEE LITIGATION. (Kadidal, Shayana) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
36

NOTICE Statement in Response to June 8, 2008 Hearing by IBRAHIM AHMED MAHMOUD AL QOSI (Martin, Lawrence) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
37

STATUS REPORT Response to July 8, 2008 Status Conference by MAHER EL FALESTENY, GUANTANAMO BAY DETAINEE LITIGATION. (Truitt, Stephen) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

PACER
38

STATUS REPORT Response to July 8, 2008 Status Conference by HANI SALEH RASHID ABDULLAH, GUANTANAMO BAY DETAINEE LITIGATION. (Carpenter, Charles) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

PACER
39

NOTICE Regarding Status Conference by MICHAEL I. BUMGARNER (Attachments: # 1 Exhibit A)(Subar, Judry)

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July 9, 2008

July 9, 2008

PACER
40

Memorandum in opposition to re (451 in 1:05-cv-02386-RBW) MOTION for Order Requiring Respondents To Provide Counsel And The Court With Thirty-Days' Advance Notice Of Any Intended Removal Of Petitioners From Guantanamo And To Specify The Country or Countries To Which They Seek To Transfer Petitioners

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July 9, 2008

July 9, 2008

PACER
41

Civil Statement Regarding Hearing of July 8, 2008 from Younous Chekkouri, ISN #197. (Kitchel, Jan) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

RECAP
42

Civil Statement (Post-Hearing Submission Regarding 30-Day Notice of Transfer) from Kristine A. Huskey, Shayana D. Kadidal (Counsel for Petitioner Dokhan, 08-cv-987). (Huskey, Kristine) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

RECAP
43

NOTICE Certificate of Service by mail on 7/9/08 re Statement Regarding Hearing of July 8, 2008, executed by Kimberly Kessler of Debevoise & Plimpton LLP on 7/9/08 by GUANTANAMO BAY DETAINEE LITIGATION re 33 Status Report (Cowan, Jennifer) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

RECAP
44

ORDER granting (121) Motion to Consolidate Cases in case 1:05-cv-01509-RMU; granting (42) Motion to Consolidate Cases in case 1:05-cv-01602-ESH; granting (80) Motion to Consolidate Cases in case 1:05-cv-01704-JR; granting (52) Motion to Consolidate Cases in case 1:05-cv-02398-ESH; granting (472) Motion to Consolidate Cases in case 1:05-cv-02386-RBW; granting (7) Motion to Consolidate Cases in case 1:08-mc-00442-TFH;. Signed by Judge Thomas F. Hogan on 7/9/08. (jeb, ) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
45

STATUS REPORT Observations Related to Status Conference of July 8, 2008 by ABDUL HAMID ABDUL SALAM AL-GHIZZAWI, GUANTANAMO BAY DETAINEE LITIGATION. (Gorman, H.) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
46

Memorandum in opposition to re (48 in 1:05-cv-02104-RBW) MOTION to Lift Stay, for Production of Factual Returns, and to Set Status Conference filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Oldham, Nicholas) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
47

Memorandum in opposition to re (59 in 1:05-cv-01504-RMC) MOTION to Lift Stay Set a Status Conference, Require Answer to Habeas Petition and Convert Petition by Dismissing Petitioner's Next Friend, (77 in 1:05-cv-01353-RMC) MOTION to Lift Stay, Set a Status Conference, Require Answer to Habeas Petition and Converting Petition by Dismissing Next Friend filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Oldham, Nicholas) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
48

Memorandum in opposition to re (52 in 1:05-cv-01983-RMU) MOTION to Lift Stay, for Production of Factual Return, and to Set Status Conference filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Oldham, Nicholas) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

RECAP
49

REPLY re 16 Supplemental Memorandum in Opposition to Emergency Motion for Injunction [02-828(CKK)] filed by GUANTANAMO BAY DETAINEE LITIGATION. (MacLean, Matthew) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

RECAP
50

Consent MOTION to Dismiss Without Prejudice as to Petitioners Transferred to Kuwait [02-828(CKK)] by GUANTANAMO BAY DETAINEE LITIGATION (Attachments: # 1 Text of Proposed Order)(MacLean, Matthew)

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July 10, 2008

July 10, 2008

RECAP
51

MOTION to Substitute Parties [02-828(CKK)] by GUANTANAMO BAY DETAINEE LITIGATION (Attachments: # 1 Text of Proposed Order)(MacLean, Matthew)

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July 10, 2008

July 10, 2008

RECAP
52

VACATED PURSUANT TO USCA MANDATE FILED ON 3/15/2011.....ORDER; Regarding Representative Counsel's request for 30 days advance notice,Signed by Judge Thomas F. Hogan on 07/10/08. (hs) (Additional attachment(s) added on 7/11/2008: # 1 Order) (zhs, ). Modified on 3/15/2011 (dr). (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

PACER
53

SCHEDULING ORDER: setting forth deadlines: Parties' Status Report due by 7/18/2008; Joint Report due 7/21/08; Simultaneous Briefing on procedural framework issues due 7/25/08, and counsel for government and petitioners to file Responses by 8/1/08; Factual Returns and Motions to Amend Factual Returns due 8/29/08. (See order for full details) Signed by Judge Thomas F. Hogan on 7/11/08. (jeb, ) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

PACER
54

Memorandum in opposition to re (75 in 1:05-cv-01704-RMU) MOTION for Temporary Restraining Order and Preliminary Injunction filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Attachments: # 1 Declaration of Bruce E. Vargo)(Ahern, Paul)

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July 11, 2008

July 11, 2008

PACER
55

NOTICE Of Request for 30 Days Notice Before Transfer by MAHER EL FALESTENY, GUANTANAMO BAY DETAINEE LITIGATION (Truitt, Stephen) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

PACER
56

NOTICE of Memorandum of Understanding Regarding Access to Classified National Security Information by GUANTANAMO BAY DETAINEE LITIGATION (Wilson, Richard) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

RECAP
57

STATUS REPORT Petitioners' Status Report by GUANTANAMO BAY DETAINEE LITIGATION. (Mickum, George) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

RECAP
58

MOTION to Sever Petition of Ghulam Rohani by GUANTANAMO BAY DETAINEE LITIGATION (Attachments: # 1 Text of Proposed Order (Proposed) Order, # 2 Certificate of Service Certificate of Service)(Dick, Rebecca)

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July 14, 2008

July 14, 2008

RECAP
59

MOTION to Sever Petition of Haji Rohullah Wakil by GUANTANAMO BAY DETAINEE LITIGATION (Attachments: # 1 Text of Proposed Order (Proposed) Order, # 2 Certificate of Service Certificate of Service)(Dick, Rebecca)

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July 14, 2008

July 14, 2008

RECAP
60

STATUS REPORT by Petitioner Mohammed Mosa Yaakoobi by GUANTANAMO BAY DETAINEE LITIGATION. (Sullivan, Patricia) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

RECAP
61

STATUS REPORT of Younous Chekkouri, ISN #197, by GUANTANAMO BAY DETAINEE LITIGATION. (Kitchel, Jan) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

RECAP
221

Mail Returned as Undeliverable with notation: "Return to Sender - Attempted, Not Knowm, Unable to Forward." Mail sent to Glenn K. Jones, Esq. 7/2/2008 1 ORDER by Judge Thomas F. Hogan IN RE: GUANTANAMO BAY DETAINEE LITIGATION: Hearing set for July 8, 2008 at 2:00 p.m. in the Ceremonial Courtroom. (kb) (Entered: 08/01/2008)

July 14, 2008

July 14, 2008

RECAP
62

STATUS REPORT by ARKAN MOHAMMAD GHAFIL AL KARIM. (Dodge, Whitman) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

PACER
63

Civil Statement (Notice of Petitioners' Request for 30-Days Notice of Transfer) from Kristine A. Huskey and Shayana D. Kadidal, Counsel for Petitioner Dokhan (08-cv-987). (Huskey, Kristine) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

RECAP
64

MEMORANDUM by GUANTANAMO BAY DETAINEE LITIGATION. (Kitchel, Jan) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

RECAP
65

NOTICE of Filing of Motion for Entry of Protective Order on Consent by MOHAMMED SULAYMON BARRE (MacLean, Emilou) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

PACER
66

Unopposed MOTION for Protective Order by MOHAMMED ABDULLAH MOHAMMED BA ODAH, TARIQ ALI ABDULLAH BA ODAH, NASSER ALI ABDULLAH ODAH (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order granting unopposed motion for expedited entry of protective order)(Symon, Julia) Modified to add party filer on 7/16/2008 (tg, ).

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July 16, 2008

July 16, 2008

PACER
67

STATUS REPORT for Petitioner Abbar Sufian Al Hawary (ISN 1016) by GUANTANAMO BAY DETAINEE LITIGATION. (Attachments: # 1 Exhibit A)(Voorhees, Danielle)

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July 17, 2008

July 17, 2008

RECAP
68

STATUS REPORT for Petitioner Sufyian Barhoumi a/k/a Shafiiq, et al. by GUANTANAMO BAY DETAINEE LITIGATION. (Attachments: # 1 Exhibit A)(Voorhees, Danielle)

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July 17, 2008

July 17, 2008

RECAP
69

STATUS REPORT by ALKHADR ABDULLAH AL YAFIE, TOFIQ NASSER AWAD AL BIHANI. (Clarke, George) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
70

STATUS REPORT for the Case of Adel Al Wirghi (ISN 502) by GUANTANAMO BAY DETAINEE LITIGATION. (Han, Suhana) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

RECAP
71

STATUS REPORT for Petitioners, Mohsen Abdrub Aboassy, Mohammed Saeed Bin Salman and Sameer Najy Hasan Mukbel by GUANTANAMO BAY DETAINEE LITIGATION. (O'Neil, Joseph) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

RECAP
72

NOTICE of Petitioners' Request for Thirty (30) Days Notice of Transfer by GUANTANAMO BAY DETAINEE LITIGATION (Clay, A.) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

RECAP
73

NOTICE of Request for 30 Day Notice of Removal or Transfer by GUANTANAMO BAY DETAINEE LITIGATION (Murphy, Richard) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

RECAP
74

STATUS REPORT by GUANTANAMO BAY DETAINEE LITIGATION. (Murphy, Richard) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

RECAP
75

NOTICE of Petitioner's (Bashir Ghalaab) Status Report by GUANTANAMO BAY DETAINEE LITIGATION (Fogler, Murray) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

RECAP
76

NOTICE of Voluntary Dismissal by MUHAMMAD NUR UTHMAN MUHAMMAD, ABDULRAHMAN(Detainee), GUANTANAMO BAY DETAINEE LITIGATION (Kadidal, Shayana) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
77

NOTICE of Filing of Status Report by MAJID KHAN, RABIA KHAN, GUANTANAMO BAY DETAINEE LITIGATION (Dixon, J.) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER

Order on Motion to Dismiss

July 17, 2008

July 17, 2008

PACER
78

STATUS REPORT of Jamil Ahmad Saeed by GUANTANAMO BAY DETAINEE LITIGATION. (Rashkind, Noah) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

RECAP
79

STATUS REPORT as of July 18, 2008, by SAIFULLAH PARACHA, FARHAT PARACHA. (Hunt, Gaillard) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

RECAP
80

NOTICE of Filing of Motion for Entry of Protective Order on Consent by MOHAMMED SULAYMON BARRE (MacLean, Emilou) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
81

Consent MOTION for Protective Order by MOHAMMED SULAYMON BARRE (MacLean, Emilou) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

RECAP
82

ORDER dismissing Civil Action No. 05-2381 without prejudice. Signed by Judge John D. Bates on 7/18/2008. (CK) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

RECAP
83

STATUS REPORT by ABD AL HAKIM GHALIB AHMAD ALHAG. (Snodgrass, John) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
84

STATUS REPORT by ABDUL HAMID ABDUL SALAM AL-GHIZZAWI. (Gorman, H.) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
85

STATUS REPORT by DJAMEL AMEZIANE, GUANTANAMO BAY DETAINEE LITIGATION. (Dixon, J.) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
86

STATUS REPORT for Petitioners' by GUANTANAMO BAY DETAINEE LITIGATION. (Spaulding, Douglas) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

RECAP
87

STATUS REPORT by JABBAROV OYBECK JAMOLOVICH. (Mone, Michael) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
88

STATUS REPORT in Al Odah v. United States, 02-828, in response to Scheduling Order of July 11, 2008 by GUANTANAMO BAY DETAINEE LITIGATION. (MacLean, Matthew) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

RECAP
89

STATUS REPORT for Zaid v. Bush by GUANTANAMO BAY DETAINEE LITIGATION. (Chomsky, Judith) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

RECAP
90

STATUS REPORT for Almerfedi v. Bush by GUANTANAMO BAY DETAINEE LITIGATION. (Chomsky, Judith) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

RECAP
91

STATUS REPORT on Tumani by GUANTANAMO BAY DETAINEE LITIGATION. (Woodward, Gordon) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

RECAP
92

STATUS REPORT by ALI KADAMI, AYMAN, FAWAZ, HOUMAD WARZLY, MOHAMED RAJAB, OTHMAN ALI MUHAMMED OMAR, MOHAMMED KAMEEN, SABRY MOHAMMED, SALEH, WAQAS MOHAMMED ALI AWAD, ZAKARIA, KHALID MOHAMMED, MUHAMMAD NUR UTHMAN MUHAMMAD, MAHDI SALIH, SAKI BACHA, SHAMSULLAH, ABOU YASSIR JEZAIRI, ABDAL RAUF ZALITINI, ABDAUL RAZAK ALI-HAJ, ADNAN, AHAMED, SALAH DEEN IBN SHAIKH, SALIH, SALEH LIBI, ABD AL RAHMAN ABDULLAH AL HALMANDY, MUHAMMED SAAD IQBAL MADNI, SAID MADANY, ABDULLAH JAFFA, ABU HADIFA, MOHAMMED ABDULLAH, SANJAWEZ RAWEEL KAMEEL WEEJ, ABUL AZIZ AL MATRAFI, MAJED BARYAN, MOHAMED FAHAD SAAD AL ZU'BI, MOUSSA, ABDULRAHMAN(Detainee), SAUD AL JOUHANY, SULTAN AL SHAREEF, ABDU TAWAB, ABDUL AZIZ, ABU RAWDAH, ABDUL AL HAMMAN, ABDUL LATIF, ABDULLA HAJI, ABDULLA, ADEL, INSHANULLAH, BITAL ADEL HALAMI, HISHAM, RAFIOVE BIN BASHIR, RIAD NARGERI, RIDAH, MASOUD, ABDULLAH, ABDULLAH ALI SALEH, AMAR BILOUSHI, KHALID DESHIRE, IBRAHIM NAYIF ADBALLAH IBRAHIM, MOHAMMED CHINGUITY, ABU BAKER SHAMMRANY, GUANTANAMO BAY DETAINEE LITIGATION. (Kadidal, Shayana) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
93

STATUS REPORT by FALEN GHEREBI. (Wilson, Richard) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
94

STATUS REPORT by ABD AL ZAHER. (Wilson, Richard) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER

Case Details

Case Type(s):

National Security

Key Dates

Filing Date: July 2, 2008

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Numerous men detained at Guantanamo, without charge or trial, for many years

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Counsel

Southern Poverty Law Center

Equal Justice Initiative (EJI)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Defense (District of Columbia), Federal

President of the United States (District of Columbia), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Alien Tort Claims Act (ATCA), 28 U.S.C. §§ 1350

Constitutional Clause(s):

Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Habeas relief

Source of Relief:

Litigation

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

International law

Over/Unlawful Detention

Placement in detention facilities

Terrorism/Post 9-11 issues

Torture

Type of Facility:

Government-run

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern