Al Khaiy v. Bush

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UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
AL KHAIY v. OBAMA ) Civil Case No. 05-1239 (RJL)
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MEMORANDUM ORDER
(November~, 2009)
Petitioners Abbas Rumi, Ali Adel Motaleb Aweid Al Khaiy, and Ameur
Mammar filed habeas petitions with this Court to contest their detention by the
United States at Guantanamo Bay, Cuba. Since filing their petitions, however, all
have been transferred out of Guantanamo Bay and do not remain in the United
States' custody. I Therefore, their petitions are moot and no longer within the
jurisdiction of the Court. See, e.g., Kiyemba v. Obama, 569 F.3d 509, 515 (D.C.
Cir. 2009) (holding that Munafv. Geren, 128 S. Ct. 2207 (2008), bars a district
court from entertaining habeas petitions of individuals held abroad by foreign
governments ).
I The United States Government relinquished custody of Rumi and AI Khaiy on January
21,2009, when it transferred them to the control of the Government of Iraq. Notice of
Transfer of Petitioner, Rumi v. Obama, No. 06-619 [Okt. 77]; Notice of Transfer of
Petitioner, Al Khaiy v. Obama, No. 05-1239 [Okt. 61]. Mammar was transferred out of
United States custody and into the control of the Government of Algeria on October 8,
2008. Notice of Transfer of Petitioner, Mammar v. Obama, No. 05-573 [Okt. 88].
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Accordingly, it is hereby ORDERED that the habeas petitions of Abbas
Rumi, Ali Adel Motaleb Aweid Al Khaiy, and Ameur Mammar are DENIED and
their cases DISMISSED with prejudice.
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SO ORDERED.
~United States District Judge
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