Al Halmandy v. Bush

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) AL HALMANDY, et al., ) ) Petitioners, ) ) v. ) Civil Action No. 05-2385 (ESH) ) BARACK H. OBAMA, et al., ) ) Defendants. ) __________________________________________)

ORDER

Before the Court is [160] respondents’ motion to dismiss or, alternatively, to hold case in

abeyance for petitioners Saki Bacha (a.k.a. Mohammed Jawad) (ISN 900) and Mohammed

Kameen (ISN 1045), [196] petitioner Jawad’s opposition thereto, and [205] respondents’ reply.

Since respondents filed their motion, the military commission proceedings have been

suspended. As a result, petitioners cannot exhaust their criminal proceedings without suffering

delay. See Order, Al-Dharbi v. Obama, No. 05-cv-2371, Dkt. No. 135 (April 7, 2009); Order,

Alsawam v. Obama, No. 05-cv-1244, Dkt No. 150 (April 15, 2009); also Boumediene v. Bush,

128 S. Ct. 2229, 2275 (2008) (requiring “prompt” adjudication of Guantanamo detainees’ habeas

cases). Accordingly, it is hereby

ORDERED that respondents’ motion is DENIED without prejudice. Respondents may

re-file the motion, if appropriate, if the charges sworn against petitioners are referred to a

military commission. It is further

ORDERED that a status conference for petitioner Bacha is set for April 27, 2009, at

10:00 A.M. in Courtroom 14. SO ORDERED.

_________/s/______________ ELLEN SEGAL HUVELLE United States District Judge

Date: April 22, 2009