Al Halmandy v. Bush

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